TIIK UKK: OMAHA. SATt'UDAY. DK( ll.Ml'.KI' K
STATE SUIT FOR DEMURRAGE
Burlington's Appeal from Douglas
County in Supreme Court.
ROAD SAYS BIG QUESTION
:Vrtranka Tranafrr t orn pa n
clarva Mrrrljr lattrr of Alton Ins
Jndamrnt for (lirrrhnrgr
Wrongly Aaaraad.
(From a Staff Correspondent)
MNC'OLN, per. 8-( Special. )-The Bur
lington Rallrdnri company, In an appeal
from PouglaJ comity, came before the
Huprems court' today with a esse Involv
ing the rlKht of a state court to hear
awea brought by Bhlppen to collect de
murrage charge collected by a railroad
tiiKHged In interstate, commerce.
The Nebraska Trannfer company filed
In the lower court for $4t9 on a contention
that the railroad company. Instead of de
livering a large number of cars of sugar
In the order received so that the con
signee could unload them each day,
bunched them and becaiwe It took a long
time to unload made the consignee pay
demurrage on the cars.
The company contends that to allow
the plaintiff to recover In this action
would in effect operate to compel the de
fendant to pay rebate upon the tariff
charges due on the shipment, contrary
to an act of congress; that It was an In
terstate matter because the tars came
fro mout of Nebraska; that the wrongful
ict complained of was a violation of the
Interstate commerce act. the jurisdiction
to hear and determine It iRy only In the
Interstate Commerce commlsxlon. The
lower court retained jurisdiction, but the
plaintiff secured judgment for recovery
on six cars, which were not kept on the
track all the time.
Contentions In (iir,
Many pages were devoted to Insisting
that such matters weer bound to come
up between the transportation companies
and slippers. In the brief of the rallruad
compatoy. It also alleged that If each
mate court was to retain such Jurisdiction
there would be great confusion of au
thority as to duty.
It wa also claimed by the railroad com
pany that this was not the moot Im
portant question Involved In this cuse;
the mere fact that the plalniff can or
canno recover damages. Accordlns to
the statutes, the carriers are to treat all
patrons alike, and this polio-, they claim,
will be violated with the adoption of he
rule which evcuses the shipper from pay
ln lawful tariff charges on account of
-circumstances that are not the carrier's
fault.
TV W. Blackburn, attorney for the ap
pellee, Insists that the charges are no
different from those collected on an over
charge of freight. He further alleges that
the demurrage arose not while the cars
were In transit, but under a separate and
distinct contract wholly within' the state.
the contract being that if the cars were
not- unloaded within forty-eight . hmrs a
1 a day penalty should be charged on
each car. He said the plaintiff was
merely asking for money due him from
being overcharged by the railroad.
BUSINESS MEN WANT NO
CHANGE IN UNIVERSITY
(From a Staff Corresnnnrient 1
LINCOLN, Dec. 8. (8peclal.) The plan
for an extension of the University of Ne
braska campus was endorsed unanimously
last night by sixty-five leadln gbusiness
men of Lincoln fn a meeting held at the
l.lndell hotel. The meeting was primarily
called to learn the position property own
ers of Lincoln would take in regard to
the proposed removal of the Institution
to the farm, and at the close of the meet
ing it was agreed by all that the proper
place for the school Is at the present lo
cation.
No action in regard to the proposed two
city blocks adjacent to the university by
the people of Lincoln was taken, but It
was announced by J. K. Miller, chairman
of the executive committee, that a meet
lng of that body would bo Immediately
called at which raising the money for the
proposed two blocks would be consld
red.
-NEBRASKA ATHLETE KILLED
' BY FALL FROM A TREE
! '
CENTRAL CITY, Neb., Dec. 8.(Spe
llal.) Word has reached here of the
jricath of Noble Kenneker, formerly a star
cithleta in Nebraska Central college, a
semi-professional wrestler of soma note
in this part of the state, and afterwards
star athlete in Whlttler college at Whit
Tier, m. tie wa instantly Killed by a
fall from a tree, where he waa trimming
off branches. He alighted on a cement
sidewalk and literally dashed his brains
out. Runneker was well known here on
account of hit participation In numerous
athletic contests, and was widely known
its a foot ball and basket ball star. .and a
star .performer with the weights. Last
O'tar he was considered one of the stur
ttthlettu on the Pacific coast, and his
picture appears In Spalding's foot ball
publication for this year.
KEARNEY PREPARING FOR
MUNICIPAL LIGHT PLANT
KEARNKT, Neb., Dec. S. (Special.)
0 F. Druar, expert supervising engineer
wlththe Oscar Clausgen company, St.
3'aul. Minn., today completed the field
work from which the preliminary plans
nd specifications will be drawn for the
municipal lighting plant, for which the
voters will be asked to vote boml.s. The
nity council took this means of securing
expert asHlstance In inuking an accurate
estimate of the cost of the proposed light
ing plant, which, if the bonds are voted,
will not only Include the lighting system
as now In operation, but air ornamental
post ayelem in the business districts.
Three kinds of power will be considered,
the oil engine, the gas producer and
ateam. It la proposed to operate the
lights in connection with tiie municipal
water works.
FORMER NEBRASKA GOVERNOR
DIES AT CHICAGO.
V1'" "
i V
'.
ALIUNTS NANCE.
South Omaha Ouster
Suit Argued Before
'the Supreme Court
(From a Staff Correspondent.)
LINCOLN. Neb.. Dec. 8.-Speclal Tele
gram.) Arguing that the supreme court
has no orlKlnal Jurisdiction in the case
and that the mayor should have been In
cluded with the defendants to the action,
the motion to quash the ouster proceed
ings against Fire and Police Commission
ers Ryan and Plvonka of South Omaha
was heard be-fore the supreme court to
day. The attorneys for the defense asserted
that the nonenjolner of the mayor with
the two commissioners was on obvious
defect of the suit and one that should
throw It out of court. Ruling on the mo
tion to (ua:h will be forthcoming In tho
near future.
Deputy Attorney General Ayrcs de
clared to the court that the attorney
general had fllod the suit In accordance
with the recommendation by the governor
and that the orlgl.ial Information
charged only Commissioners Ryan and
Plvonka with the alleged misconduct in
office. He argued that the two could
be tried separately If necessary and that
the case might be called a misjoinder,
but not properly a nonjoinder.
The motion before the court will not
be decided before the first of the year.
In all probability and In the course of
time It Is expected that It will be finally
disposed of.' A similar suit against Chief
cf Police Donahue of Omaha is pending
at the present time, the first papers in
the case having been filed in July, 1910.
NEWS NOTES FROM FAIRBURY
Infant Son of Kir. mod Mrs. Edward
Baker Is raided to
Death.
KAIRBCRY, Neb., Dec. 8. (Special.)
Whlle Mn. Edward Baker, who lives
in the western part of this city, was doing
the family washing early this morning,
her little 14-month-old son upset a bucket
full of boiling water over his head and
shoulders, sustaining burns that resulted
In the child's death a few hours later.
The funeral services will be held from
the home on Saturday..
Saturday will be "tag day"'lri Falrbury
and thirty young women will sell tags
for 10 cents each. The funds will be used
to buy books for the city library.
A boys' basket ball team has been
organized In the Falrbury High school
and Harry Harris has been elected cap
tain. .
ARRANGEMENTS COMPLETED
TO EXAMINE STATE BANKS
i From a Staff Correspondent.)
LINCOLN, Neb., Dec. 8. (Specials
Members of the state examining board
met today with Secretary Royse of the
state banking board and completed ar
rangements for the examination of all
state banks during the coming year. Un
der the 'new banking' laws, such an ex
amination must be conducted twice In
each year. The following were present
and will comprise the force which will
do the work In the last half of the pres
ent bi-ennium: II. C. Nicholson, Omaha;
F. M. Btapleton. Lincoln; R. Springer.
Lincoln; Joseph Plgman. Broken Bow; C.
M. Trotter. Brady; 10. K. Emmett, Arap
ahoe; .L. P. Albright. Red Cloud; B. H.
Mullowney, Albion; J. L. Svoboda, Able.
FARMERS' AND MERCHANTS'
CASE TO HIGHEST COURT
(From a Staff Correspondent.)
LINCOLN, Neb., Dec. 8. (Special.) An
action came before the supreme court
today to seo whether the Farmers and
Merchants Insurance company can nut
a board of "directors In charge of Its own
assets.
Tim main IxKutiS contended by the at
torneys for the company are that tho
district court acted without JurlKdVat.on
when it appointed a receiver lor an in
unlvil cortioratiun. The right of an au
ditor to interfere is attacked, contend
ing that the state, having no interest, the
auditor could not tae the iulattve, as
he did, tlicre being ino stockholder or
creditor socking redress), nor hud the cor
poration abandoned Its property.
HUMBOLDT MAN SEEKS TO
BE DEMOCRATIC DELEGATE
(Prom a 8taff Correspondent.)
LINCOLN, Dmc. S. (Special.) The first
annual announcement of ajiy candldacioa
for delegates to the national convention
cf either party was made today when J.
l- Walsh, a Humboldt banker, came out
as a democratic candidate for that honor
from the First congressional district.
Farmers Institute at t ambrldae.
CAMHRIIHiK, Neb., Dec. 8. (Special. )
A farmers' Institute will be conducted In
Cambridge on December 11, 13 and 13.
Miss Caroline L. Thuman. secretary of
tho domestic ,sclenc department, and O.
A. Simon, secretary of the farmnrs' In
stitute, have extensive programs arranged
for the afternoon and evening sessions.
In connection there will be held a stock
and poultry Hhow and some of Nebraska's
eminent stock Judges will b here. Furnas
county's world champion 'prize winners
will be exlflbited.
BEATRICE WANTS LOWER
RATE ON ILLINOIS COAL
BEATRICE, Neb., Dec. S (Special.)
Holding that the railroads are discrim
inating against Beatrice In charging 50
ci-nts per ton higher on coal shipment
from Illinois than la paid by Lincoln, the
Beatrice Commercial club will present the
matter before the Interstate Commerce
aoiunitssion for adjustment.
Church Will Ieatrr Mortae.
CENTRAL CITY. Neb., Dec. 8. (Bp,
clal.) Sunday will be a red letter occa
sion In the history of the Christian
church of this city, for at that time the
mortgage against th church building
wfll be burned with appropriate services,
768 having hewn -raised by special sub
scriptions this fall, thus removing all
Inilebctedness against the church. At the
evening services the pastor. Rev. V. (i.
Shirley, will deliver an appropriate aer
nmn and then the mortgage, which has
been redeemed, will be destroyed.
Spakln o Hati
Did you ever know of a
fellow who was dissatisfied
with one he had bought at
this store? Same satisfac
tion awaits you.
Stylish Roufh Hati
$2.50 up.
Stetsons 93.50 up
Fur and Seal Caps
$2.03 up.
OMAHA'S ONLY MODICUM CLOTHING SfOUh'
TIIC IIOMb OK QUAD Y CLOTHfcJ
A-Plain and Simple Question
Mm
1 ..viTr
n Values
Buy for a man what
he would buy for himself
A man will appreciate something be can wear
better than any other present. We have the
proper kind of Men's wearables at prices you
will be glad to pay. The earlier you make your
selections the better'eboice you will have.
Bath Robes $3.50 to $15. Dress Gloves $1.15 to
Smokinar Jackets $4 to. $2.50
$12.50.
Shirts $1.00 and up.
Night Shirts, 50c to $5.
Pyjamas $1 to $10. .
Collar Bags 75c to $2.50.
Tie Rings 50c to $2.
Fancy Suspenders 50c
to $2.50.
Silk Mufflers $1. to $3.50.
Knitted Mufflers 50c to
$12.50.
Fur Gloves $2.50. up to
$12.50.
Silk Hose 50c to $1.50.
"Have you ever worn King-Swanson clothes?"
f you have not you have still something to learn about clothos satisfaction. If you
ave been contented heretofore with the garments other stores have sold you, firm
.1 your belief that you got your money's worth in quality, style and fit you've still
omething to leanTof those essentials to satisfaction. If you've thought you received
he best of store service. If you've been led to believe that you've selected garments
rom big stocks you'll experience surprise when you see a really big stock. Now, sir!
.et us warn you that if you've never worn a King-Swanson Suit or Overcoat you've
no idea of the advantages to be derived from doing so. Any
way have a look. ;
No k attar what prices other quot on suits or ovar coats
Our garments will make those prices look exorbitant. Wo
island ready, and always have, to guarantee that you savo
$o.00 to $llf.00 by buyiug our clothing. We only ask that
you investigate our claim.
Suits $10 to $40. Overcoats $10 to $50
We can't praiso our popular priced garments too much
When we read all the laudatory stuff -written about tho
clothing other stores sel at these prices then compare their
garments with ours, we aro at a loss for words to properly
describe them. However, having the' best suits or over
coats ever sold at the prices we are content to let the other
fellows show up big in print ours show up big in tho Btore.
$15.00, $20.00, $25.00
Crawford shoe's for particular men
No shoes, no matter how much
more 'they cost, aro more stylish,
or more durable and many aro
not nearly, so comfortable. Lit
tle cost, great satisfaction to
!!air-riinuts Stor Talk
lliTo's pome .real vlsdon for
i 'hi iHtiiiaH iilniri . Our btore
nprns ct 7:30. , io.i ran romo ui
rnrl,' In t ho murnlMR a yon
p'eao Von rn:i thua uvol'l Co
rinwcn tual crow n tl'O d I "
crcs.'"CB. l ii.va.itn more ou-.tori
lo ) oti. luoro i oi of ul nslcctli;i.
inoio 'a Mnn t Ion to your wfitv
Who i) I'inllil inKe Hiimll ju.-k-aoh
tvllh you; It rvoMh poslllo
1la point non. I; tlii-ie th'r.KH
yw-Krlf anJ ailvlwe your frlcnilti lu
1fc (ha ih"i:a Crrlfttmas hopping
'll not to n'h a liuMlon to you
- tVtr will bo enough soo'l
oa'ui'a l.'t lu O.tinha Mttlepcop1e
to lam rtl' tr.t. rntlr Mollrtny arn
on ami enotiRU mhIIpm ltd In
.'rni to tlecorato i!ilr fuooi" every
day with Homo lrt nvrr for
Cm lstma.1 iiiornlnn In lltelr own
llOlllt'M.
X,
Collar and Handkerch'f
Sets $2.50 to $5.
Toilet Sets $3.50 to $10.
Clothes Brushes $2 to $5.
Silk Ties 50c to $3.
Knitted Silk Ties 50c to
$3.60.
Initial Handkerchiefs
$1 and $1.50 per box.
SilkH'dk'f 50c to $1.50.
Cambric H'hk'fs $1.00,
$1.50 and $2 per box.
Tie Pins 50c to $5.
Cuff Buttons 50c to45.
?jkxAuion2
""(M . . wearers.
$3.50 and $4.50
.. .Great Line of $2.50 Shoes.
mi
If
of this place, Hatlcy Swift preachlns the
aermon. Mr. Harding wai oorn In Brat
ton Fleming. England, April 28, 18D2. He
left hla native land at the age of IS, a
towaway on board ship, and ' came to
thl country. He waa married to Miss
Annls A. Schermerhorn April 7, 1803. aod
to this union eight children were born,
three daughters and five sons, all living.
Mr. Harding waa a . member of the Fif
teenth Illinois cavalry and was dispatch
bearer for General Steele. He moved to
Nebraska thirty-six years ago and has
lived In and around Dorchester the entire
time.
Men's Brotherhood at Peru.
PERU, Neb., Dec. 8. (Special.) The
organisation of the Brotherhood of Peru
wax completed Wednesday evening at the
Baptist church by the adoption of a con
stitution and the election of the following
officers: President, R. W. Kelley; vice
presidents; Prof. Clifford Hendricks, C.
R. Welden and Prof. II. B. Duncanson;
secretary. Rev. W. E. t'arrow; treasurer,
Earle Flsher'A It is the purpose to hold
meetings at least oncn a quarter and
chapters In the local churches are pro
vided for.
l.rilnaton Man Kllla Himself.
LEXINGTON. Neb., Deo. 8. (Special.)
John Warner, about 60 years old, com
mitted suicide last night by shooting him
self with a pistol. , He. had become de
spondent over some trouble with Ills
kidneys, that could not be cured. He
was working as a section hand. He leaves
a widow and six children.
Klirht Years for Statutory Offenae.
MORRILL, Nfib., Dec. ' 8. (Special.)
George Thrasher, who waa tried In the
district court of this county a week nyo,
was yesterday taken to the penitentiary
at Lincoln to serve eight years', he having
been found guilty of a statutory charge.
Archbishop Attends
Cathedral Dedication
(From a Staff Correspondent.)
LINCOLN. Dec, . 8. (Special.) St.
Mary's Cathedral of the Immaculate Con
ception, Fourteenth and M streets, was
thrown open today for divine services in
the presence of an archbishop, seven
bishops, half a hundred priests and more
than 1,000 of the laity.
The three principal events of the dedi
cation of the new cathedral were the
celebration of a ' solemn pontlficlal high
mass by Bishop Henessey of Wichita,
Kan., a sermon by Archbishop Keane of
Dubuque, la., and the dedicatory service
Itself by Bishop Tlhen of Lincoln.
Following the services at the cathedral
the clergy weer driven to the Lincoln
hotel, where a banquet was served.
BJackburn .Ready
to File for Congress
(From a Staff Correspondent.)
LINCOLN, .Dec. 8.-(8peclal.)-T. W.
Blackburn of Omaha was In the city to
day on supromo court business, stopped
In at Secretary of State Walt's office long
enough to get blanks preparatory to fi.llng
for -the republican nomination, for con
gress In the Second ; district subject to
tha April primaries.
The key to success in bustnees Is the
judicious and persistent use of newspaper
advertising.
y
HYMENEAL-
Johmaou.Wbltmore.
VALLEY, Neb.. Dec. 8. (Speclal.)-Nell
Kdward JohnBon, 'son of Mr. and Mrs.
Mons Johnson, and Nell Plnkham W bit
more, daughter of Mr. and Mrs. W. Q.
W'hltmore, were married Thursday even
ing at 8 o'clock at the beautiful home of
the bride's parents.' Rev. Weatherly of
Unity church, Lincoln, officiated. The
ceremony whs followed by a reception
and a buffet luncheon was served to over
SO guestH. Many were present from Lin
coln, Omaha, Fremont and Grand Island.
Tho groom Is one of Valley's popular
yWung buslnetis men, and the bride, grown
to womanhood In Valley, graduated from
the Htate University last June. They
went at once to their own home, which
was all ready for thrm. Many valuable
and beautiful preoenta were received.
i,
DEATH RECORD.
Andrew Connors.
DULUTJI, Minn.. Dec. 8-Anlrew Con
nors, a friend of Junics J. Hill, nnd
Archbishop Ireland, died here today, aged
81. In 1&5 Mr. Connors rowed to Duluth
from Green Buy In a little xklff, accom
panied by Father Levltux. From Duluth
he went to tft. l'aul.
llrron Monre.
RU8KIN, . Neb., Dee. J.-tSpeclat.)-Byron
Moore, an old settler and auccess
ful farmer, who dropped dead of appo
plcxy at his home, December 5, was laid
to rest In tho Buskin cemetery Thursday.
llu's (vnfria Itoblirrr.
ROCK ISLAND. III., Dec. 8. Five boys,
all under years old, of prominent
families, confessed toduy to a serlea of
roulM-rles that have mystified the police
ueLi tinent for months.
Old Veteran I'aaaea war.
DORCHESTER. Neb., Dec. 8. (Special
Telegram.) Samuel Harding waa buried
yesterday In Pleasant Hill cemetery. The
funeral was held lu th Christian cliurUi
Y W WA VA Y;A VA W
1
L
,lr. Tailor and Ready
Made Clothier,
VOBBISLIIFF
(SiiLLEI
SUit
Overcoat
IstWe guarantee our Suits and Overcoats to be pure
. all wool.
2d That our workmanship is of highest standard.
3d That our garments are tailored by Union Labor.
4th Each garment is individually cut.
&th We keep in press and repair all Suits and Over
coats mado by ns for six months.
These assertions nro backed by a $1,000 offer to
any one that can disprove same.
f
DUNDEE WOOLEN MILLS
N. W. Cor. 15th and Harney St., Omaha.
Council Illuffa Store, 409 Webt I'-roadway.
WW
giraimbir wa
Art tha
V Gild's
Original and
Largest 919
YTn In n Tatlora
WW
4
4W
Two Big Saturday Specials
at The Slcirt Store
150 FANCY MIXTURE COATS
$5.00-57.50
Formerly old up to $17.50; Saturday
,
100 SKIRTS
and variety; values to $9.00 Saturday special
i ..l
rpecuti ....v,
Voiles, Serges, fancy mixtures. No limit to style $0 AQ
Xfie IklFt Store
3222 NortM lOtti Street
16th and Chicago Sts. ' Opp. Midland Hotel.
Big Trade Baosting Sale
To reduce our ctock of woolone and trlmmlngt w offer for
one tluy, Saturday, Hoc. Otli, your cholc of any $3.1 suit or over
roat, made to order ftr 820.00. Any 850 Suit or' ocreoot'
mudo to oidrr for 823.00.
All goods are all wool and of good quality. Every garment,
carefully tailored and guatanteed perfect in fit and etyle. All
linings guaranteed for one year. Order your clothes now for de
livery before Christmas.
MacCarthy-Wilson Tailoring Co.
304-306 South 16th St. Five Steps South of Farnam.
WBOiaOHPOMBKaapr
APPEARANCES
T5i
m
XT
m
trr
V7T
1 i j m V4 M M M M Wi Yft WW M M W M YM YM t
are oiaetimes said to
be decei"Hnff. but the
woman who cresses by
th light of
Incandescent
Oos Lamps
ppeart to bereelf in 1
ta mirror in the proper
light.
"PW is the word .
the t rench i use mean- ,
ing effect.
The "Chir Liffht"
enables any womAn to judge accurately the effect of
her clothes.
And it consumes only 4 fcot of gas per hour.'
The effect of a "Chic Liprhr" is just hs Appirent
on the paving side of the bank account. ;
"Chic LighU" cost, oempte, tJ.S.).
OMAHA GAS CO.
lis ifflLu
'
t.
" i
15