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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 17, 1910)
THE OMAHA, AtOIT)AY. DECEMBER 17," 1910. 3 Mi lt Wl (Wi Nebraska Nebraska Nebraska Beginning Saturday Store Open Evening Until Xma I USE MORE MONEY THAN GIVEN Tour State Institution! Hare Already, Exceeded Appropriation. OMAHA V1ADIJCT CASE ARGUXD Ml see art Pad Mo I slatT Eeerr Ea weavse te ri-H Farias; fr All ef treetare Tere4 (Trotn a Stiff CorrTon3nL) LINCOLN. Neb., Dec H apeclal Four of the eleven stats Institutions hare gone beyond their allowance thus fsr In the blennlum. according to fturri eompl'wl by t'ate Land CommlesSoner Cowles. No Tfmkr S5 the proportloiii of the b1in(al appropriation to havs expended was ?H Tr cent. The following shews tbs per rrnttr f eeon Instltat'on's appropriation that vti expanded November ST: Lincoln asylum ............ Hastings asylum ?!? .r Mill! .94 17 .: Norfolk aavlum p. P. home. Orand Inland f at 5. hom, Mllford Horn" Industrial school .... i:rl' Indutrlel school ... Industrial home. M'.lford . Penitentiary VKl-m nitnl ... Orthopedic hospital 1 v3 Ossaha V lad act Case. The final hearing- In an Injunction brought by tha Missouri Paclflo Railroad company to hare tha city of Omaha restrained from proceeding according to tha provisions of the city ordinance to compel the railroad to build a Yleduet across It track at Korty-flfth and Dodge stream u In prog ress this morntng before Judge T. C Monger of the federal court. The Injunc tion vu originally brought to the Omaha division of the federal court before Judge tV. H. Manger, but oaring to the fact that he has been called to 8. Louis to alt In several esses which are now before the t'nlted States circuit court of appeals, the final hearing of the case Is taking place In the Lincoln division of the court. The city of Omaha has for a long time been trying to compel the railroad to build such a viaduct on account of the fact. as the attorneys for ths city allege, that the Intersection of the company' tracks with the street have rendered the highway dan gerous to pedestrians and those who are using the highway for purpose of the transportation of traffic They regard the railroad crossing at that point a a public nuisance endangering the lives and safety of the people who use the highway. The main question In the controversy U whether the mayor and the council of the city have the right to require the railroad company to build a viaduct, at their own expense, of such a character that It can be used by the street railway company to run It heavy car across. Weald Eaeape Parian AIL Ths attorney who are appearing for the city In the hearing contend that the pres ence of the railroad tracks at this point has made the highway unsafe and that they are under the legal and moral duty to re store a street surface which will be just a safe and which can be used by all the people and for all the classes of trafflo for which It was rightfully used prior to the time that the tracks were put there. This, they say, can only be accomplished by the building of a viaduct across the tracks for the use of the usual trafflo on tha street and for the street oar company, w hlch transports something like M par cent of the people who ride on the street. In view of the many decisions which the I'nlted States supreme court has handed sow In similar cases, the attorney for the Missouri Paclflo, Mr. Brogea. admit that the company Is bound to build a "Viaduct suitable for the use of ordinary traffle and pedestrians, but he Is arguing that the railroad should not be compelled to pay the entire coat of building a viaduct of such also and character as to permit ths street car company to run thirty-ton cars across It. The railroad company contends that street cars are not usual or ordinary attributes of the highway's trafflo and that the street car company should bear a share of the expense of the construction of such viaduct If they are to be permitted to use H. The question raises some delicate points of law and is being hard fought by both parties to the case. Several accidents have occurred at this crossing in Omaha during tha last few years and the city desires to force the railroad to build the viaduct so as to eliminate the danger which now at tends those who use the street. He Del tar Gas Vet. IJncoln gas consumers will not be given dollar aes, as a result of the signature of waivers of refund claims by 60 per cent of ths patrons of ths Linooln Gas company. After two week of consideration the east era stockholders of ths company today notified Manager Adams that the proposed reduction would not be given. alter Breaks Referee. Francis M. Colfer of McCook, who suc ceeded Arthur Mullen as slats oil Inspector, has broken all records in the matter of total collection. During the month of No vember the total collections of the state oil department In the form of Inspection fees amounted to t4.MZ.40. Pretest Car Fare Raise. Protesting aTa'eat an Increase In street car fares to I cents straight a committee representing the South Lincoln Protective association appeared this forenoon before the State Hallway commission. In support of the claims of the company that six for a quarter is too low, there was presented a tabulation showing that the company had a deficit of fS.JSSU for a period of e.ght months ending October 11. the de ficit Including the tayroent of Interest on tonds, Interest on bills payable and divi dends cn preferred stock. The committee of citliens comprising E. A. Carr, Fred B. Humphrey. K. E. Wolf. W. Q. Siamm and fc. l Swab, presented thrown Mr. Wolfe a statement amkeo from the annua report of President Sharp to stockholders, of the money, showing that since June 30, VM, the i-esrngcr traffic had increased lit per c nt. the car mileage had decreased 4 1 per cut and the number of passengers per car rnlle had Increased 17 per cant. The com mi t tee sought to show that a low rate Increasea tratflo and that the consolidated company had decreased Its car mileage by doing away with duplicate lines in sums innar.ces. It a as contended that the mlle ase operated under the consolidation of tlie Ouitni' and the Traction companies ! practically the same. Opseee - rt" Teatlntaay. The abolition of the so-called expert med ical testimony by the creation cf a- spe cial commission for such cases as may involve special medical questions Is one of ths legislative propositions which is receiving favor at the hands of tls Ne braska Medical association. The ietnsLatie committee of the associa tion today niiilod letters to physicians a.l over ths stale taking fur further sug gestion sa to the exact nature of the laws I) be presented to the stats lrff'slature. This is ths second request cf the commit tee, being an amplification of a letter sect out a month ax a. Other propmted cr.scl Uirr.u are the creation of a nonpartisan board of control for state cnanleb'.e ini tuuobs and ths esiebllstuneot of a state hospital for the Indigent tuberculosis and for the tuberculosis Insane. in advocating the propped change In court proceedlnrs, the physicians seek to do away with the evils connected with the present practice of offering expert testi mony, paid for Ty the plaintiff or the de fendant, according as ths one or the other side is benefited by ths testimony of ths particular witness summoned. Ths pro posed law will provide that. In cases where technical or special medical questions were at Issue, the Judge shall appoint an un prejudiced commission, which shall hear the testimony on the professional points In doubt and determine the issue. The members of this commission shall not be called up as expert witnesses, nor shall they be subject to cross-examination by ths attorneys for the other si da By such a commission ths legislative committee of the medical association be lieves that greater accuracy of fact can bs secured and wtth less expense and difficulty to the court. It thinks that the present frequent occurrence f radically differing expert testimony being offered on a technical question will be done away with. Jurors uninitiated In ths technicali ties of medicine will Dot be called upon to dlctde disputed facts In this special field. Especially, say the physician, will ths oommlsslon simplify criminal trials, where Insanity la alleged as an excuse for the crime. CI a a Heart rwevaeae. The case against Henry Shrank and Wil liam Brandt officers of the Platt-DeutscHe Vsreln club, charged In police court wltn ths Illegal sals of liquor, which was set for trial this morning at J o'clock before Judge Rimer, was postponed till Dexsemebr n st the sams hour. Tha caa of ths tat againjrt Qua Bauer and Fred Waller, offi cers of ths Dsutscher FanJeleln club, which was set for trial tomorrow morning, was also postponed to the same date. Bonds In both cases for tbs defendants were renewed by the court. These organisations, which ars known as German family clubs, were raided Satur day night by the police and a large quan tity of beer and whisky taken away and carted to the station on dray. At the time if the raid bars were maintained, according to the oplioa, and a large number of men were In the club rooms drinking. The attorney for the defendants asked for a poatponement that the matter may be brought before the excise board at It meet ing early next week. It 1 understood that both clubs ars anxious to Install ths locker system, which prevails In soros ot the other social organisations in ths city, and It Is thought that an understanding may be reached which will result in no further trouble with the municipal authorities. Last spring when the excise board or dered the social club to close their bars ths two Oerman clubs agreed with ths Elks and Eagles to comply with this order. The board gave each of them a certain time to comply with the order. The Elks and Eagle cut out the bar In connection with the demands ot the board and prominent members of the two Ger man club declared that these had also obeyed the order. Statements were made which declared that there were no longer bars In ths headquarters of these organisations. Costs Less to Marry Than to Pay Court William Snell and Maxgxret Merkle United in Hall County When Adam County Fail. HASTINGS, Nab.. Dec. . (Special.) Failing in their effort to secure a mar riage license here, owing to the pendency of a criminal action against tbs groom, William Snell and Margaret Merkle went to Grand Island, obtained the coveted license from the Hall county Judge yester day and were quickly made husband and wife. Some weeks ago Snell and Miss Merkle were discovered In Nelson and ths for mer was arrested by Deputy Sheriff Nellls on the charge of enticing the girl away from her home In Hanover township. He was brought back to Hastings and after arraignment the trial was postponed. Early this wsek Snell applied for a license to wed Miss Merkle, but Judgs Button de clined to Issue the license white the crim inal action was pending. The county at torney declined to dismiss ths case until the defendant paid the cost. Snell did some figuring and found that it would cost less to take his flanca over to Grand Island than It would to settle the court bill here. As the wife will not testify against her husband. It Is not likely ths case against Snell will be pressed. SHERIFFS MEET AT COLUMBUS Ossaha Selects for Nest Cewveatlee J. It. Dsakel ef Cruel lalaaa Made President. COLUMBUS. Neb.. Dec ia (Special Tel egram.) The annual stats convention of the Nebraska State Sheriffs' association was held In this city today, there being over fifty In attendance at Eagles' halL Visitors were welcomed by County At torney Hensley, who delivered the address of welcome for Mayor Held, who was un able to be present. After the business had been completed the following officers were elected: J. M. Dunkel, Grand Island, presi dent; John A. Jones. Nelson, vice presi dent; James A. Chlrnside, Falrbury, secre tary. Omaha was selected as ths place for holding the next convention in August. 111. This evening the members ot the or ganisation were given a banquet at the Oxford cafe. President J. M. Dunkel pre siding as toastmaster. Besides ths visiting sheriffs, a number of ex-sherlffs were in attendance, among them being D. C. Kavanaugh, ons ot the members of the association when it was started. After ths banquet a theater party at ths North was tendered them by Sheriff Lachnlt and Deputy Burke. JokiMs Caeetr Fair Meetlag. TECUMSEH. Neb.. Dec. H. (Special.) The stockholders ot ths Johnson County Agricultural and Mechtuucal association held ths annual meeting at ths court house in this city yesterday afternoon. The attendance was good. The reports of the treasurer showed that the receipts for the year had been some thing over CSMO, about all of which had been spent. However, of the amount of expenditures M0 was paid on ths prin cipal debt against the society. There now remains a total Indebtedness of Sl.kXL Of ficers for the coining year were elected as follows: President. L. M. Davis; vice pres ident. J. M Weber; secretary, J. B. Doug las: treasurer, T. J. Pleraon; members of the board of directors. Theodore Smith, W. A. Peek and C. H. Ueeth. The officers slid board will hold a meeting next Wednesday to arrang affairs for the com ing year. SEWARD OUT FOR ROAD LAW CesBBserelal tie Racks Meveaaeat Present Matter te the Jtext Leg-talatare. SEWARD, Neb.. Dec 11 ("pedal ) At a meeting of the Seward Commercial club last night New Orleans was endorsed for ths location of the Panama exposition In Uli It also appointed a committee to draft a new state road law to be presented to the legislature. Ths commercial clubs over the state are preparing te ask the coming legislature for a new road law. A committee consisting of the president of the club, John Zimmerer, Vice President W. O. Dickinson and Secretary F. W. Goehner was appointed to confer with the Board of County Commissioners in regard to placing memorial tablets to the mem ory ef Mr. and Mrs. Moffatt. who gavs IM.tOO towards the building of the Seward county court bouse. It was decided by the club to hold Its annual banquet in March and New Tear's reception en Monday, January a The Hone of Quality Clothes Jfafcraelia News Xe-teew BEATRICE Mr. Sarah Riley, aged M. died last night at the home of her daugh ter, Mrs. w. A, Bogga Cancer waa the cause of death. GENEVA In the ease of John C Merton against Albert Garbe. yesterday, a Jury gave a verdict of U.080 in favor ot the former, for slander. SEWARD Ths Whltenack farm house near Germantown was found on firs yes terday and after an effort by volunteer firemen waa saved. BEATRICE O. W. Putt, for many years a resident of Beatrice, died Wednesday night. He was 73 years st age, and a civil war veteran, lis leaves a widow and tour children. LYONS Mrs. Zacharlason. about 82 years of ags. who died two days ago, waa buried today In the Swedish cemetery, he was the mother of Mrs. Robert Nelson, living west of town. BEATRICE At a meeting of the stock holders of the Jons Auto company here Wednesday, arrangements were made for the sale of ths property hers and ths re moval of the plant to Louisville, Ky. CLAT CENTER The building formerly occupied by W. J. East and recently par tially destroyed by fire has been refitted and is now used as a skating rink. Last evening was the opening and a large crowd was present. GENEVA The case of ths city of Geneva against Lou Jiarowick, triors Judge Ful ton to collect poll tax, wltn penalty, on ap peal from county court, was reversed In favor of tbs city, to be tried before Judge Kurd at the next term of court. GENEVA The Modern Woodmen met last night and elected the following offi cers: V. C, Joe Bralley; W. A.. Bert Willis; clerk. W. E. Klegenbaum; banker. Frsnk Hampton; escort, W. J. Coleman. After election of officers all partook ef oysters and other refreshments. HASTINGS The Adams County Medical society has sleeted ths following officers for the ensuing year: President, J. W. Straight; vice president. E. B. Hamel; directors; K. S. J. Kofalen, J. V. Beghtol and M. W. Baxter. Dr. J. P. Riddlls was elected a delegate to the state medical con vention in Lincoln next June, TECUMSEH L. W. Lent of this com munity has received word that his brother. A. L. Lanta, committed suicide by hanging himself to the rafters in a barn at ar ragut. la. It seems ths man's mind had been affected for some time. He became despondent of late and ended his life as stated. The deceased was aged 15 years and h was unmarried. CLAT CENTER A farewell reception was tendered last evening at the home of George A. Allen of this city to Rev. Isaac McRaa, who has tendered his resignation as pastor of ths First Congregational church of this city to accept a call to some point In Wyoming. He intends, with his family, to leave the first of next week. Hs was presented with a gold watch and his wlfs with a purse of silver. BEATRICE The fourth district conven tion of the women's missionary societies of the Nebraska City Presbytery waa held here yesterday afternoon. An interesting address was given by Mr. John Wright of Baraks, Africa, who la off on a year's furlough. "Advance of Women of the Nineteenth Century." wss ths subject of an address given by Mrs. Lawrence of Lin coln. Reports were heard from different societies of the Presbytery showing all to be In splendid condition. TECUMSEH-Proposed drainage district matters along the Nemaha river id John son county have received a serious back set. Some thirty-three of the land owners along the route of the proposed ditch have petitioned the district court asking an in junction against the-dralnage board to pre vent the voting of bonds, giving of con trscts for construction or going ahead with ths work In any manner whatever. The petitioners claim that the asteesments as made are too great for the benefits to be derived. TABLE ROCK H. N. Colling, who came here about a month since, having ex changed Red Willow county lend for the stock ot merchandise of Nemechek Bros., died in a hospital at Omaha -day after having submitted to s- ion earlier in ths week. He mas a jis of ags and came here fr ,:a. Neb., and took possession .re about one month since. 11 I i taen to Indlanola and tu side of his wife, who died a fe ..j since. Several children are left. ."ii. . ...l.r.g had been in poor health since the death of his wife and went to Omaha for treatment three meek ago. TRENTON A special term of the dis trict court convened here today, with Judge Orr on the bench, for the purpose of hear ing the case ef the state against Clarence td wards of Dundy county, in which Changs of venue was taken. Edwards Is charged with assaulting a 7-year-old girl, his sec ond wife's daughter. Edwards pleaded not guilty at the preliminary hearing, but this plea ha been withdrawn by his lawyers, who have not given out what his plea in the district court will be. Recess was taken until Monday. December IV. mo. in order to giv the sheriff time to get the witnesses find Jury. Judgs Orr released Edwards until the lMh upon a 5,000 bond, which was furnished. ei!siMe, practical gifts for men, young men and boys This year, more than ever, this store is the acknowledged gift store for men. It's , counters, casei and shelves are stocked with thing $ to please the masculine heart. They're the kind of presents that will cause thi donor to be remem bered, and heartily thanked, for a )mnj time to come. Clothing, hats, shoes atnJ furnishings that he would otherwite have to buy for himself. Whether you want to give A or wear a suit or overcoat You'll be better rle"9. both from an appearance and expenditure standpoint, with a Klng-Swanson Gar ment than any other you can buy. Tter are the most per fect garment in the world and they are priced far be low their real worth. SUPERB OVERCOATS- $10.00 to $50.00 HANS0ME SUITS 10.00 to $40.00 And the greatest line ever shown at $15.00, $20.00, $25.00 Boys' suits $2.00 to $15.00 Boys' overcoats, $2.50 Furnishings of rare attrac tiveness and unquestion able utility Tou've probably decided to give some userul, sensible gift to the men folks. Perhaps, however, you are undecided what to give. We can render valuable assistance In jour choosing. good The gift of rare, taste a robe or house coat We'v a charming Una to ehooa from beautiful fabrics and beauti fully made. Well worth looking at: ROIIFS ... . . ,5.0O to 912.00 COATS 93-O0 to tltt.50 TERRY ROBES fS.50 to 90.00 d.lK fcira IV 7 SI Fancy Vests . . . . 92.50 to 9T.no Collar Rags 73c, 91-00, 91.50, 9&V00 Sunpendera, Garters and Arm Band Set at B(c, 75c, 91-00, 91-25, 91-50 Ties, Handkerchiefs and Bos to Match at, set fl.OO, 91.50, 92.00, 92.5(1 Tie and Sox to Match, Set 91.00 and 91-50 Fancy Suspenders, nicely boxed ...... 50c, 91-00, 9 1 .50 Beautiful New Shirts M 91-00 I'p Mufflers 50c lp Handkerchief Cavsea . 75c, 91.00 Six Initial Handkerchiefs, In box.... fl.OO Gold and Silver Mounted Umbrella .... 83.50 and 93.00 Suit Case Umbrellas 93.50 Combination Collar Bag and Tie Case 93.50, 94.O0 Toilet Rolls 91-50 and 92.00 Tie Rings .....50c, 75c, 91-00 and 91.50 Jewel Boxes 91-O0 Military Brush Sets-..... 92.O0 to 93.00 Gloves 9115, 91-50, 92.OO On Sale j 1-2 Karat tj32.o0 The largest accumulated Diamond Stock In the city to be eloped uut at nearly hsjf Its value. The 75 H-karat Diamonds at $34 60, on sule r'rldav and (Saturday, as advertised, sere sold befors I p. m. Saturday. To make more sensational, we placed 107 Vs-Karat Diamond Xlnsi for 33.60, which Includes a value of from $60.00 to $65 00. Such amazinc bar gains were never offered before. Ob serve the big- bargains on all dia monds on sale now, from $3.00 to tSOO.00. They are set In rings, brace lets, tie pins, ruff links, locket.', etc. Also the i On Price on Watches, Jewelry, Silverware. Cut Glass, etc. Don't SClss This Great Cut les Sals. Corns Barly and get me oesi selection, nave 11 laid awsy for you for the Ume you wish it. Brcdkey's JerrcJry Co. 1401 Douf'-es t. BREAKS A CCLD III A DAY AmA Cares ear Coaea that ts Curable aroted rhyslaaa's Formula This prescription Is one cf the very best known to science. Ths Ingredi ents ran be gotten from any good druggist. Mil half pine of good whiskey with two ounces of glycerine and add one half ounce Com entraled pine com pound. XI. Is hutue is to be well shaken each time and used In doses of e teaaoonful to a tablespoonf ul every four hours. Smaller d-ses to children according to age. Any one can mix this The Concentrated pine Is a special pine product anj comes only In half ounce bttlea, each enclosed In a tin tnp air-tight case, but be sure It is labeled "Concentrated." r"tn la one of the oldest known remedler, being mentioned frequently in the Bible. But the most modern extract la known as the Concentrated. Avoid othera. as they may contain Impurities and cause nausea and cram pa Perslatent Advertising la ths Road te Big Return. Steel Cut and Sifted Hare YOU tried it? You will find it to be all we claim for it the bet coffee in Omaha. Its strength, flavor and aroma Is un equaled and it ia a: ill further Improved by having all dust and chaff removed. It la a clean granulation which makes a perfect beverage. Mocha Mixture, 3.V-; S lbs. for 91.00 Excelsior Blend SOc; 3 ht lbs. 91.O0 17. L r.ks.ermsn & Co. "THE COFKEE MEN" Bnuach at Public Market, 1610 Harney Ost gets it by highway naaa Teas ot tWewssnrls by Bad Beweis No dif . fere ace. Catestipenoa and JUmd Ihrer anakat tha wools system sick Every, body kaows it CASCARETS regulate cars Bewel and Liver troubles by simply doing skators's work smtil yea get wiill UUUoeas as CASCARETS, Lifa Savsr! CASCAKKTS 10c a box for s week's ttcauacat. all dnrgtata. Biggest seller ia as world, si T ips boxes s suela, mm It's the purest, It's the best. Nothing finer For your guest iV wstsJ .Tht BEER YOU LIKE rt HAVE A CASE SENT HOME. Caasaaeari' Distributor John Sillier 3224 S. 24th Street Dsn 18S, U4 1332 Is. ... . A-U20 r. - a-v- - V . - m Mm& Cites wm V1 SJ?LS& w ' M A .i . HI "kw Athletes training for strenuous sports find they get into "con dition" quickest when they confine their choice of beverages to Ground Chocolate because this is the most nutritious beverage they can drink. It is made from the finest selected cocoa beans, it is absolutely pure, and as delicious as k is nourishing. It calms the nerves. Ghirardelli's Ground Chocolate is so easily digestible that k is as wholesome for the growing child ai for the brawny athlete. D. Ghirardelli Co. Since 1852 TWENTIETH CENTURY FARMbh Oas Delias- res Yeas. i The Thing To Do If yoa lose your pocketbook. ambralla. watch or some other article of value, the thing to do la to follow tha example of many other people ana advertise without delay la the Lost and Found column of The Bee. That la what a ost people do whea they lose articles of value. Telephone us and 11 your loss to all Omaha la a single afternoon. Put It In The Bee