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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Aug. 16, 1911)
I TITE BEE: OMAHA. WEDNESDAY, AUGUST 1C, 1911. A New Price Adjustment Alieding 94 Summer Dresses To keep these prim little garments from ruin by dust find dirt raised' by remodelers, we have moved them "from rack to rack, corner to corner Wednesday they'll be moved -..out of the store .entirely. If you're in early you can help move to your home one. or more of the daintiest summer frocks which were, ever placed before you at such a trifling price. Low neck and short sleeved models, contrived by ex clusive designers from the finest French, percales, lawn, dimity nnd batiste. . Junior sizes, 15 to 19. ; Women's sizes, 32 to 38. A good many were priced up to $9.75 we'll move them Wednesday at . tit tdom OWN h til m Tva - 1518-1320 I'ARNAM STREET Store Closes 5 P. M. ( nance of statehood legislation at this rssioru Test ( tk Mhuii. Th text of the message follows: '"To the House of Representative!: I return herewith, without my approval, house Joint resolution No. 1 to admit the territory 'Of Xw Mexico and Arizona a states into the union on an equal footing wjth, the original states. "Congreaa by an enabling; act approved June 20, 110, provided for the calling of a constitutional convention In each of theae territories, the submission of the consti tution proponed by the convention to the electors of the territory, the approval of the constitution- by the president and con gress, the proclamation of the fact by the president and the election of state - of fleers. Roth In Arlsona and New Mexico conventions have been held, constitutions adopted and ratified by the people and sobmltted to- the president and congress. Vi have approved the constitution of New Mexico and so did the house of representa tives of the Plxty-flrst . congress. The senate; however, failed to take aotloo upon It. "I hare not approved the Arizona con. ttltutlon nor have the two houses of con gress, etcept as ahey have done so by the Joint resolution under consideration, f . i ' Conditions of Hemolntlon. "The resolution admits ' both ' territories to statehood with their constitutions, on condition that at the time of the election of state officers, New Mexico shall submit to Its electors an amendment to Its new constitution altering and - modifying Its provisions for future, amendments and on the further condition that Arlsona shall submit to Its electors, at the time of the election of Its state "fleers, a proposed 'amendment to Its constitution by . whloh Judicial officers Bhall be -excepted from the section permitting a . recall of ' all elective officers. "if ,1 sign this Joint resolution, I do not see how I can escape responsibility for the Judicial recall of the Arixona .constitution. The Joint resolution admits Arlsona with the . Judicial recall, but requires the sub mission of the question of lta wisdom to the voters. In other words, the resolution approves the admission of Arlsona with the Judicial recall, unless the voters them selves repudiate It. . ."Under the Arlsona constitution all elec tive officer, and these Include county and state Judges, six months after their election, are subject to -the recall. It Is Initiated 'by a petition signed by electors equal to IS per cent of the total number of votes oast for all the candidates fur the office at the previous general election. 'Within five days after the petition Is filed, the officer may' resign. Whether he does or . not, an election ensues In which his name, If he does not resign. Is placed on the ballot with that of all other candi date. "The petitioner may ' print on the of ficial ballot 100 words showing their reasons for recalling" the officer, and ha Is per mitted 'to 'Make defense In the same place In '300 words. If the Incumbent receive tfie highest number of" trio votes; he con tinues In his office; If not, he Is removed from office and I succeeded by the candi date who doe receive the highest" ' num ber. Uatrr Independence of Conrt. 'This provision of the Arlsona constitu tion. In lis Pitloatton to county and state Judga seem to rue pernicious In Its f fqctr so deslruallve of independence In the Judiciary, so likely to subject the rights of tlie Individual to the p'oaslbl tyranny of a popular majority and, therefore, to be v Injurious to the cause of tree govern ment,' tliut I must dlsu4Hrov a oonstltju. lion eontalnlng It "I am net now engaged in performing the offlae ftvn n In the enabling act al toady referred to, approved June SO, 1914, wr.lok, wa -that f approving- tl consti tution, railled by the people of the ter-. Hi' It may be argued from the text of act thai In. giving or withholding tli . ,iioval. under the act. my only duty Is . examine the proposed constitution, and ,U I find- nothing; -in It Inconsistent with the federal constitution, the-principles of the declaration of Independence, or the rnsbllng not, to reglater my approval., 'Bu-nw I am discharging my constitu tional function In respect' to the enactment of laws, ..and my discretion equal to that of the houMs of congress. I must therefor withhold my approval from thle resolution If In fact I do not approv It a a matter of governmental policy. "Of course a difference of opinion a to the wisdom of details In a state constitution ought not to lead, me to set up my opinion agajnat.thjat of ,tle people of the territory. It la to, be their government, and while the power of congress to withhold or 'grant statehood la absolute, the people about to constitute a slate should generally know better the kind f government and oouti lutlon auited to their needs than congress or th executive. But when such .a consti tution ' contain something so destructive of free government a the. Judicial recall It should be disapproved. . ' ' Ooverniaent tmw .All PH'ple. . "A government I for th benefit of all the people. We believe that tola benefit Is beat aacomplish.4 by popular gpvernr Kent, because In the long run. such class of Individuals la act to secure better pro vision for thetnselves through .their, own voloe In government than through th air truistio interest of others, however Intellli gent or phJ!anthopic "The wtedutu of aea has taurht that no government " ean exist except In accord ance with laws and unleas the people under It either obey the lam voluntarily or are IT-ad to obey them. In a popular govern ment the laws are made by the people not by all the people, but by those supposed ad declared to be competent for the pur &s PEOPirs ITOH Saturdays, 9 P. M. pose, as innli's over 21 years of age, and not by all of these, but by a majority of thorn only. "Now, as the government is for all the people, and Is not solely for a majority of them, the majority. In exercising control either directly or through its agents. Is bound to exrrrlso the power for the benefit of the minority as well as the majority. But all have recognized that the majority of a peopl. unrestrained by laws, when aroused and without the sobering effect of deliberation and discussion, may do injustice to the minority or to the Indi vidual when the selfish Interest of the majority prompts. Increase tsf Checks. "Hence arises the necessity for a consti tution,1 by which the will of the majority shall be permitted to guide the course of the Koverment onlv under rnnfrnlllnrr checks that experience has shown to be necessary to secure Tor the minority Its share of the benefits to the whole peo ple that a popular government could establish to bestow. "A popular government is not a govern ment of a majority, by a majority, for a majority of the people. It Is a govern ment of the whole people, by a majority of the whole people under such rules and checks as will secure a wise. Just, and beneflcient government for all the people. "it Is said you can always trust the people to do Justice. If that means all the people and they all agree you can. ButBut ordinarily do not all agree, and the maxlmls Interpreted to mean that you can always. trust a majority of the peo ple. This Is not Invariably true and the very limitation imposed by the people upon the power of the majority in their consti tutions is an admission that it is not al ways true. , ' , "No honest, clear-headed man, however, great a lover, of popular government, can deny that the unbridled expression of th majority of a community converted hast ily Into law or action would some times make a government tyrannical and cruel. Conatittutlon are . check apon the hasty action of th majority. They are the sejf imposed restraints of a whole people upon a majority of them to secure sober action and a respect of the rights of the minor ity, and of the individual in his relation to other Individuals, and In his relation to the whole people In their character as a- state or government. "The constitution 31strtj ites ' the func tions of government Into three branches th legislative to make laws, the executive to execute them and the Judicial, to de cide on cases arising before It the right of the Individual as betwe and as between him and the government. inie ai vision ot government Into three separat branche ba alway been re garded as a great security for the main tenance of free institutions, and th se curity la only firm and assured when these judicial branches are Independent and im partial. "Th legislative and executive branches are representative of th majority of people which elected them In guiding the cour of th government within th lim its of th constitution. Thy must act for th whole people, of cour, but they may properly follow, and usually ought to fol low, the view of th majority which elected them In respect to th govern mental policy best adpated to secure the welfare of the whole people. "But the Judicial branch of th govern ment is not representative of a majority of the peopl In any such sense, even If the mode ot (electing judge la by popular election. Ia a proper aenae. Judge are servants of th people; that I, they are doing work which must hm Annm fnr th. government and in the Interest of all the yvufta, uui ii is noi worn in in doing. which they ar to follow the will of the majority except as- that la embodied in Statutes lawfully enacted according to con stitutional limitations. Conrts Hut Bo Independent. "They are not popular representatives. On th contrary, to fill their office prop erly, they must be Independent. They must decide every question which come before them according to- law and Justice. If this question-I , between individual they will follow the statute, or the unwritten law If no statute applies and tly take the un written law growing out of tradition and cuatara. from previous Judicial decisions. "If a statute or ordinance- affecting a case before them I not lawfully enacted because It violates the . constitution adopted' by the people, then they must Ignore the statute and decide the question a If th statute had never been passed. Their power Is a Judicial power, imposed by the people on the judge by th written constitution. "In early days, soma argued that the obligation - of the constitution operated directly on the conscience of the legislator nd only in that matter, and that 'It was Ut be conclusively presumed whatever was done by the legislature was constitutional. But such a view did not obtain with ur hardhead ed. courageous - and , faralghted statesmen and judge, and It was soon set tled that It was th dnty of Judge In eases properly arising befor them to apply th law and o to declare what Was th law, -nd that what ' purported te fee statutory law was at varlane with th -fundamental law. The constitution; th seeming statute was not law at all, was not binding on the courts, the individuals, or any branch of th government, end that It was h duty of the judge so to decide, "Thl powr conferred on the judiciary In our form of government la unique In the history ot governmenta, and it operation haa attracted and deserved th admiration and commendation of th world. ' It give to our judiciary a position higher, stronger and more responsible then that of the Ju diciary of any other' country, ' and more mm $ imp effectively pe-vr.'s a1hfrnee to the funda mental will rf the ptovle. . Provision Is iou Uronf". "What I l.av sHd his bT ti little p-.ir-pcro If It has r.oi cho- n thtt Judges, to fill l.l lh;!r '.ir.c'Ur.s properly In our ropular government, must be more Inde pendent than in any other form of govern ment, and that need of Independence Is greatest where th individual la on liti gant, and the state,, guided by th success ful and governing majority, Is the other, In order to maintain the rights of the ma jority and rights of the individual and to preserve our constitutional balance, w must have judges with courage to direct against the majority when Justice and law require." By the recall In the Arizona constitution It Is proposed to give to the majority to remove arbitrarily and without delay any Judge who may have the courage to render an unpopular decision. By the recall It I proposed to enable a minority of 26 per cent ot the voters ot the district or state, for no prescribed cause, after the Judge has been In office six months, to submit the question of his retention in office to 'the electorate. The petitioning minority must say on the ballot what they can against him. In 200 words and he must defend as best he can In the same space. "Other candidates are permitted to pre sent themselves and have their names printed on the ballot, so that the recall is not based solely on the record or the acts of the Judge, but also on the question whether some other more popular candi date haa been found to unseat him. "Could there be a system more lngen tously devised to subject Judges to momen tary gusts of popular passion than this? We cannot be blind to the fact that often an Intelligent and respectable electorate may be So roused over an issue that It will visit with condemnation the decision of a Just Judge, though exactly In accord with the law governing the case, merely be cause it affects unfavorably their contest. "Controversies over elections, labor troub les, racial or religious Issues, Issues a to the construction or constitutionality of liquor laws, criminal trial of popular or unpopulat defendants, the removal of county seats, suits by Individuals to main tain their constitutional rights In obstruc tion of popular Improvement, these and many other cases could be cited In which a majority of a district electorate would be tempted by hasty anger to recalla con scientious judge If the opportunity were open all the time. Its Action Too Quick. "No period of delay Is interposed for the abatement of popular feeling. The recall Is devised to encourage quick action, and to lead the people to strike while the Iron Is hot. The Judge Is treated as the In instrument and servant of a majority of th people and subject to their mamentary will, not after a long term In which his quali ties as a Judge and his character as a man have been subjected to a test Of all the va rieties of judicial work and duty so as to furnish a proper means of measuring his fitness for continuance in another .term. On the Instant of an unpopular ruling, while the spirit of protest has not had time to cool and even while an special may bependlng from his ruling, In which he may be sustained, he Is to be haled before the electorate in a tribunal,- with no judicial hearing, evidence, or defense, and thrown out of office, and disgraced for life, because he has failed. In a single decision, it may be to satisfy th popular demand. 1 "Think of th opportunity, uch a y tem would give to unscrupluous political bosses, in control, as they have been in control not only of i conventions, but elec tions. Think of the enormous power for evil given to the . sensational, mucraklng portion of. the press In rousing prejudice against. Just Judge by false charge and Insinuations, the effect of which in the short period of an election by recall, It would be impossible for him to meet and offset. "Supporters of such a scheme seem to think it will work only in the' interest of the poor, the humble, the weak and the oppressed; that It will strike down only th Judge, who 1 supposed to fsvpr cor poration and be affected by the corrupt ing Influence of the rich. Nothing could be further from, the ultimate results. The motive It would offer to unscrupulous conmblnatlons to seek to control politics In order to control the judges Is clear. "Those who will benefit by the recall are those, who have the best opportunity of the majority of the people to action 'on a sudden impulse. Ar they likely to be the wisest or th best people in a com munity? Do they not include those, who have monty enough to employ firebrands and slanderers In a community and the stirrers up of social hate? Would not self respecting men well hesitate to acoept judicial office with such a sword of Dacmocles hanging over them? Conrt Would Deteriorate. , "What kind of Judgment might th un popular side expect from courts whose Judge muat make their decisions under such legalized terrorism? The characer of tho judges would deteriorate to that of trimmers and tlmeservers and Independent Judicial action would be a thing of the past. As the possibilities of such a system pass in review, Is It too much to charac terize It -as one which will' destroy the Judiciary, Its standing and Its usefulness? The argument has been made to Justify the Judlclsl recall that It is only carrying out the principle of the election of the judges by the people. The appointment by the executive by the representation ot the majority Insofar as future bias Is con. earned there Is no great difference be tween the appointment and the election ot Judges. Th independence on the Judiciary Is secured rather by a fixed term and fixed and Irreducible salary. It I true that when the term of Judge la tor a limited number of years and re-elections are nec essary it has been thought and charged sometimes that shortly befor. election In casea in which popular Interest, Is excited, judge have leaned in their decisions toward th popular aide. - As already pointed out. however, In the election ot Judges for a long and fixed terms of years, the fear of popular preju dice a a motive for unjust decisions Is minimised by th tenure on th on hand, while th opportunity which th people have calmly te consider th work ef a Judge for a full term of year In deciding a to his re-election generally Insures from them a fair and reasonable consider ation of hi qualities as a Judge. "Whfl. therefore, there have elected judge who have bowed bfor unjust pop ular prejudice, or who hev yielded to the power of political bosses In their decisions, I am convinced that thrse ar exceptional, and that on the whole, elected Judge have mad a great Amerledn judiciary. But the success of an elective judiciary .certainly furnishes no reason for so changing th system a to take away th vry safe guards which hav mad It successful. laasteaesiment n Goad Snnstltnte. "Attempt la mad to defend th principle ef judicial recall by reference to state In which Judges ar said to hav shown themselves to be under corrupt corporate Influence and In which It la claimed that nothing but a desperate remedy will suf fice. If the political control In such states I sufficiently wrested ' from corrupting corporation to permit th enactment of a radical constitutional amendment like that of Judicial recall. It would seem Impossible to make a prevision In Its stead fo an ef fective remedy by Impeachment In which the c-n-.broiis fectures of the present rem edy r.ilsht be avoided but tho orportunlly for pudicial henrlr. and defense gtforo an In-.psrt'.al tribunal rr.ljtht bo retained. "Real reform are not to ba effected by patent short cuts of by abolishing those requirements which th xprlno ha shown to b essential In dealing Justly with every one. Buoh Innovation ar cer tain In the long run to plague the Inventor or first user and will come readily to th hand of the enemies and corrupters of society after th passing fo the Just poul lar indignation that prompted their adop tion. 'Again. Judicial recall 1 advocated on the ground that It wll bring the Judge more Into sympathy with th popular will nnd th progres of idea among the peo ple. Jt 1 aid that now judge are out of touch with th movement toward a wider democracy and a greater control of gov ernmental agencle In th lntertst and for th benefit of th people. Nearly All Judges Are Mood. "Th rlghteou and Just course for a Judge to pursue I ordinarily fixed by statute or clear principle of law, and tho cause In which his Judgment may be af fected by his political, economical, or social view ar Infrequent. But even In uch case. Judges are not removed from the people's influence. Surround the Judiciary with all the safeguards possible, create Judges by appolntmnt, make their tenure for life, forbid diminution of salary during their term and still it Is Impossible to pre 'vent the Influence of popular opinion from coloring Judgments in the long run. "Judges are men. Intelligent, sympathetlo men, patriotic men, and In those fields of the law in which the personal equation un avoidably plays a part, there will be found a response to sober popular opinion a It changes to meet the exigency of social, po litical and economic changes. "Indeed, this should be o individual In stsnces of a hide-bound and retrograde conservatism on the part of courts In de cisions which turn on the Individual, eco nomic or sociological views of the Judges may be pointed out; but they are not many, and do not call for radical action. Courts Are Human. "In treating of courts we are dealing wltn a human machine, liable like all the Inven tion of man to err; but we are dealing with a human Institution that likens itself to a divine institution because It seeks and preserves Justice. It has been the cornor stone of our gloriously free government In which the rights of the individual and of the minority have been preserved, while governmental action of the majority has lost nothing of benlficlent progress, effl planned In the constitution by Its framers and haa been maintained by our Independ ency and directness. This balance was at judiciary. "Precedents ar cited from state consti tutions said to be equivalent to a popular recall. In some cases Judges are remov able by a vote of both houses of the legis lature. This is a mere adoption of the English address of parliament to the crown for the removal of Judges, It I similar to impeachment In that a form of hearing is always granted. Such a pro vision forms no precedent fof a popular recall without adequate hearing- and de fense and with new candidates to contest the election. "It is said the recall will be rarely used. If so, it. will be rarely needed. Then why adopt a system so full of danger; but It' Is a mistake to suppose that such a power ful lever for Influencing Judicial decisions and such an opportunity for vengeance because of adverse ones will be allowed to remain unused. "But It is said that the people of Arizona are to become an Independent 'state when created, and even if we strike out Judicial recall now, they can Incorporate It In their constitution after statehood. "To this I would answer that In, dealing with the courts, which are the cornerstone of good government and in which not only t he .voter's but the nonvoters and nonresi dents have a deep Interest as a security for their rights of life, liberty and prop erty, no matter what the future action of the state may be, it Is necessary for the authority which is primarily responsible for It creation to assert In no doubtful tones the necessity for an Independent and untrammeled Judiciary. "WILAJAM H. TAFT. "The White House, August 15, MIL" William N. Bloom Dies of Lockjaw Foreman of the Great Western Type Foundry Steps on Hail July u, Causing- Tetanus. William N. Bloom, foreman of the Great- western type foundry, died of lockjaw at the Swedish hospital on North Twenty fourth street, this morning at 8:S0 o'clock. Bloom stepped on a nail on July 31, Tetanus developed and he was taken to the hospital Sunday. Bloom was thirty year old and lived here practically all his life. A wife and two children survive him. Arrangements have been made to conduct the funeral Thursday afternoon at the home, 4030 North Twenty-fourth street. BRANCH HOUSE COMES HERE Wholesale Kurrler tunrern of Mlt-hU Una Will Open Salesrooms nt Thirteenth and Knrnain. OH. Waren of Wyandotte. Mich., repre senting the firm of J. H.' Bishop ae Co., of that place, wholesale ' furriers, Is In the city to establish a branch house. The new concern- is to be located at Thirteenth and Karnam streets, and will ' engage In the wholesale business exclusively.- The firm will open for '.business . within a week or two. ,'-.. BURGLARS DO AMATEUR WQRtf Omka Paint nnd Glsvss Company's Store Entered nnd Small Chans ..Taken from Register. Burglars entered the store of the Omah Paint and Glass company, 1615 Podge street, last night, but did not get away with any thing of great value. A small amount of change was taken from the cash register. The burglars entered th plac through a rear window. llnrriaar Licenses. Th following marriage license lsued today: Name and Residence. Quy B, Overman, Omaha Ssrsh M. Taylor. Omaha Abe Kahn, Omaha Maude aillesple. Omaha Qlenn V. KUnafalder. Qulncy, Mich.. Bos Faust, South Omaha Carl J. Peterson. Omaha Helsa L. Madsen. Omaha war Age. .. Al .. 1 .. M .. .. a .. 21 .. M .. .. 11 ... It ... 43 .. 43 .. n .. a .. a .. i .. M .. 28 .. n .. a ... : .. to .. n ... M Charles Rentnger, Council Bluffs Minerva Baker. Omaha George E. Richardson, Adair, la Bertha V. Richardson. Adair, la....... Edwin B. Heller. Omaha Blanche I. Glasgow. Omaha William C. Socher, David City. Neb,. Emma Hanhne, Valparaiso, Neb William O. Howard, Omaha Amanda Jones, Omaha Martin Ntgendt, NapervilJ. Ill Clara L. Jo, Omaha Antonlno Lanza, Council Bluff Maria Muccl, Council Bluff U.nr. A TAllrn1rl Crrm Via Oertrud Mangel, Omaha Charles Mclver, buyer of silks and dress goods for Hayden bros., has returned from th east. LIVERPOOL IS UNDER ARMS 'Pretence of 3.CC0 Troops Has Salu- vary r.iirji en moling, SHIPPINQ TRAFFIC IS DELAYED Appeal for General Otrlfce of All Transport Worker Receive bat Haht Response . (iUmow Traction strike Collapses. IX5NDON, Aug. 15. IJverpool, the storm center of the strike which is menacing the trad of Great Britain, waa undor arms this morning. In addition to It own police and reinforcement from th surrounding cities, 3, WW troops of Infantry or cavalry under General Macklnnon Wood, were quartered In the city. These troops, as was shown during the riots of the early morn ing, were prepared to back up the police with force of arms In maintaining order. The riot In Ureat Homer street, while not directly connected with the strike, has had a good effect In Its outcome, as the rowdy element was subdued. The trouble began when a constable arrested a man for having assaulted a woman. Roughs rescuod the prisoner from the of ficer, and poltc reserves, who wer hur riedly called, could not control the mob, which vented Its fury In wrecking the shops of the neighborhood. Then 309 troops were brought to the scene. Soldiers Scatter Mob. The soldiers were at once made targets of bricks, bottles and other missiles hurled from roofs and window f nearby build ings. Ssveral soldiers ami police received slight wounds. A bayonet charge was or dered and when this failed to celar the streets an order to fire Into the air waa given. Two volleys were discharged over the heads' of the rioters with great moral effect. A number of the rioters were wounded by bayonet charges, but none waa hit by bullets. Many of th mob wer arrested. Thl forenoon things were somewhat quieter. The response to the midnight ap peal by the strike committee for a general strike of alt transport workers Including the railway men was not unanimous and trucks continued to move In the streets under guards, while police forces were at work on some of the docks. However, the Cunard steamer Caronla, due to sail from Liverpool for New York today with other liners, was still In th stream, unable to get away. London Situation Inchanared. There wa little change in the situation in London. A few more dock laborers re turned to work, and the carters employed by one of the big railway lines resumed their duties. The settlement made with these men was not permanent and a re sumption of the general stlrke, particularly on the docks was possible at any moment. The number ot railway strikers through out the country Increased today, and In some places' the psssenger service was dis organized. At Manchester the streets were quiet as were those of London last week, all the carters having gone out. The only success worth mentioning so far by the employers was at Glasgow, where the street railway strike ha col lapsed. : Cabinet Considers Situation. Today Premier Asqulth held a conference at 'his office WTth th other ministers and the labor leaders, when the whole question waa disoussed. Th conference wa officially declared ai "an informal exchange of views as to the present unrest and the possibilities of shortening, or preventing Industrial dis putes." There was also a conference between the ministers and representatives of the em ployers interested In the staple trades. Th employment of soldiers, while heart ily approved by the unionist party, threat en to Involve the government in warm conflict with their own supporter. The laborltes and the ultra-radicals are totally opposed to lending military assistance to the polio In quelling riots and curiously the only support accorded Home Secretary Churchill when he announced In the House of Commons yesterday that a brigade of troops had been ordered to Liverpool, came from the opposition benches. mk-av YORK. Auk. 15. txcal officers of the trarmatlantlo steamship companies and forwarding agentsave been advised to cut down the receipts of consignments to the barest limits on account of the labor dis turbance in England. For thl reason the Campania, Balling tomorrow, and th Ce drlc, which leave Thursday, will have light loads. No new orders are to be taken here eneept at the shippers' risk. The chance ar that the goods will be brought back to this port. Forwarding agents and exporters here have informed their correspondents at Buf falo and other main points that consign ments should b detained If possible, but In the majority of case shippers decided that it was too late to stop carriage and took chances on having their shipments re turned. Sioux City Judge Upholds the Moon Law Holder of Seventy-jXinth License Held for Trial for nieg-al Sale of Liquor Appeal to Be Taken. RIOUX CITT, Ia . Aug. 16. (Special Tele gram.) Judge Mould in district court today upheld the Moon law In every .detail. The law limits the number -of saloons to one to every l.OuU people,- Th decision would put hundreds of saloons out of business throughout the state. Attorney General Coasea helped present th case against the saloons. The saloon Interests will take tho case to the supreme court. This was a test case on which the whole state had its yes. Th permit issued to W. J. Conly was dated February 18, 1811, when there, were already seventy-eight saloons In operation, and, therefore, making the operation of that saloon Illegal. Conly is held to trial In the Justtce court for Illegal sale of intoxi cating lquor. Th cas will immediately be filed In th supreme court. This will permit of Its being heard In the September term. for summer diarrhoea In children al war aiv Chamberlain' Colic, Cholera and P!arrhoa Rsmedy and castor ell. and a pcdy our 1 certain. For sal by all dealer. (THROW WURIPUS5 AWAY MIPTIME of all Tsrletle oared in In few dr without pain or lot of dm. No pay wulbcepted un til the pUcnt Is eared. Writ or sail. "FMetitjr Ruptur Car &. C. . fmL. Oa ill mak H. Wraj. Is Builsisa, MO. Osudt BRIEF CITY NEWS. stave ot Print I. Blsotrl raa Sffii Brand, rrlnvtrl Tndy For Judg District Court, Howard Kennedy, for re-elrvtl n. Omaha Stan Missing Mrs. Isauc Peter son, 4I"i I'lU'lflc street, reported l the police Tuesday morning that her husband has been missing from home for the past three weeks. Xnsan (sa Bound for Omaba The pollc at Lincoln wired the Omaha police that 1L J. Loegchnar, had escaped from the Insane asylum there, and :s supposed to be bound for Omaha. They request his arrest when he arrives In Omaha. Dakota Const Flocetrs to Stt The thirtieth anniversary of the I'loneer and Old Settler's association of Dakota county, Nebraska will be held at Dakota City. August SI. Tin re will be a big dinner, speeches, music, races and ball games, arlan Man Missing Word was re ceived at police headquarters from Harlan, la., Umt Frank Ilann, Is missing from that town and was supposed to ba stopping nt the Merchants hotel In this city. In quiry at the hotel fulled to locate him. npply S)tora Moved The headquarters of the supplies department of the board of education Is being moved from the old warehouse at 15 Pacific to the new build ing at Twentieth Hnd Nichols. The sup plies tinder the direction of the custodian, J. W. Mynnrd. and the materials of which Duncan Flndlayson, superintendent ot buildings. Is In charge, have been removeJ to their new place. HAM. CLOCKS In Perlxl Designs. l-'or the present we offer you the op portunity ef pos sessing a full-sited, H-tube, double chim in; II a 1 I Clock, funranteed of the lixliest grade In eery respect, at tlie same price at which we have been selling dealers for thevpaot seventeen years. Write for prices, illustrations and the bi-OHdest proposi tion .ever placed be fore a consumer by a manufacturer of guaranteed hixhest grade Ronds. Twen ty - three exclusive desijens from which to select. This no tice will not appear again. (ii'Hn)l llapld Clock anil M. Co. Grand mapld, Mich Established in 1890. -.ut H You Can 'Never Te)) whpn a headache Is going to develop If the cause is eye strain. You are certain not to Buffer fropa eye strain or headache If you wear glasses fitted by us. WE EXAMINE EYES manufacture lenses and fit glasses. Being Correctly Dressed There Is something more tnan wearing fash ionable clothes that makes the correctly dressed man or worn an. There is prop .er Jew elry. No one is fash ionably attired unless modest ly decorated with proper Jewelry. This summer there are many dis tinctive design in summer Jew elry for both men and women. This store has a large assortment of the very latest summer Jewel ry brooches, links, tie clasps, pendants, ear drops, bar pins, etc. They are all moderately priced and are of the highest quality. Ion't Merely liuy -Invest. ALBERT EDIIOLM JEWELEIl Sixteenth and Harney The First Trust Company OF OMAHA Capital, Paid in, . . $300,000.00 i OMAHA, NEBRASKA Thl Company is authorized, under recent enactment of State Law, ' to receive appointments a Executor or Administrator of Estatea and to Invest funds therefor. To act as Guardian, Trustee or Assignee:. '-T6 ; Register stock issues of Corporations and act as Transfer Agent, Fiscal , Agent or Receiver. We will act as Custodian of Wills, and will draw' Willa, free of charge, if we are named as Executor. . We make loans on Farms and City Property and pay over the pro ceed immediately No delays while loans are submitted to Eastern . Companies. We have for sale selected First Mortgage Real' Estate Loan in such amount as may be desired. CALL AM) SEE I B. OORIIKSI'OXDEKCE INVITED F. H. DAVIS, President. ANTON DKEDLA. SecreUry. C. T. KOINTZE. Vice Free M. w. DIUERY. Asst. Sec y. L. L. KOLNTZE. A ice Pre. T. L. DAVIS. Treasurer. C. B. ANDERSON, Vice Pre, and Manager. I Tele J Bell, Douglas 1151. I First Nat'I Hank Bldg. I (I phenei I Independent, A-171B. 1OCaUW 803.805 SouU, ,3tn hu . H Auto Truck One-Half Price WAS 91250 NOW $2500 V . .... . - LfeW VVw - " rMm' t Tift tat H ss ak, Brul . V wm wtAtf hh smew . VS. BiACKfiAD.TiU.iirr V NSSv Plymouth. nnnnBnnnnnnBBsnrassB,&aBasnnnnnnManinmi COATKS & CCS origi ual Ply mouth Dry Gin, made at tho Black Friar's Distillery since 1793 the finest Gin ever distilled the Dry Gin with a flavour peculiarly Its own. Try it in your next rickey, fizri or cocktail you will Imj pleasingly surprised with the taste.' Every Hotel, Club, Re3taurant and Cafe has Coates & Co.'s Original riymouth Dry Gin it is known the world over there must be a reason. "The Dry Gin with the Flavour' New Goods and Latest Styles FOR LADIES' SUITS My stock of fall and winter goods all of highest quality- and newest patterns, hHs Just arrived. Because of a personal study of the latest styles from' Paris, I am ub'e to give Omaha women advanced ideas in Eults, waists, etc. My force has bei-n IncvaseJ,. and wor'i can be done tnorough ly In a short -inic. The waist department is In charge of Miss Helen Duggaii, who Is specializing on waists which are made to match suits.' You are invited to Inspect my stock and gather Ideas for your fall suits, though you do not buy here. M. SELICOW Ladies' Tailor and Furrier 'MOO fr'arnam StrvvU ',; For 25c The liee, evening and flonJ day, is delivered at your home. , .'.' ",' Avery 4-Ton Truck t'ed I Year. A. F. CLARK Iirule, Neb. iiiii iiiilli 11 lllliillJiJ'lfeSS . fj B LEW RABEft . y wi Entrance on. Conrt W l c. R M Tl. D. 1018 Mf ' Ho T