Omaha daily bee. (Omaha [Neb.]) 187?-1922, May 05, 1912, Image 1

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    The Omaha Sunday Bee
VOL. XU NO. 46.
Coming and Going in Omaha
District Judge Refuses to Order City
President, in Speech at Elkton, Md.,
Council to Nune New Elec
tion Board.
Intimates Traits Are Behind
Predecessor's Campaign.
If (Mi I
(jZP . XOTliir TO D0
YOU'RE A I fim
bat?? ctyJ lEjp -
Former President Changed Mind
About Its Operation.
Threat to Fight Prevented Prosecu
tion of Hamster Combine.
President Asks What is Beal Mean
ing of These Events.
Recall of Judges WnM Mean Par
Uses Decisions la Lias with
Views f Party la Control
of Government.
ELKTON. Md.. May .A-Spanning to
several hundred people bare today, Presi
dent Taft for the flrat time aliioa he
began hla attack! on Thaodora Roosevelt
strongly Intimated that much of the
aupport tha colonel la receiving cornea
from the traata and tha "Interests."
"Mr. Roosevelt aaya I am owned by the
Interest," aald Mr. Tail. "What I at
tempted to do In my administration was
to carry out Mr. Roosevelt'a policies
and one of tboae policies I thought to
be the prosecution of the trusts under
the anti-trust law and so I gave orders
to tha attorney general to prosecute every
trust .that ha found violating the law.
and tha only difference between ma and
Mr. Roosevelt la that I prosecuted the
steel trust and 1 prosecuted the harvester
trust, and he did not.
"Now. I am not making any chatges
against Mr. Roosevelt because ha did not
MS changed his mind about the operation
of. the anti-trust law, and ha thinks now
that Its operation Is not good and he
criticises me because I prosecuted the
Standard Oil oompany and the tobaoco
company to the supreme oort and got
decrees there. He says these decrees
are pat worth anything. .
, ..(
Views af Nr. Perklaa.
"Mr. George Perkins, a director of
tha harvester trust and a director of the
tee) trust, says that those prosecutions
do not amount to anything. Ha may
think so now, but when h wrote Utters
urging that no sun be brought against
tha harvester trust, he' thought . that
prosecution might injure It.
"In Mr. Roosevelt's present attitude,
suppose I had refused to prosecute the
steal trust and that I had refused to
prosecute tha harvester trust; suppose
that there came out a statement showing
that Mr. Parkins bad aald: 'If you prose
cute us we will fight' and then subse
quently they wans not prosecuted; then,
after that suppose Mr. Perkins bad con
tributed largely to the campaign fund of
myself, what do you think Mr. Roosevelt
would have said of mat
"Would bo not have ooma down on mo
with a thousand of brick and said: 'Here
now you sea ho la controlled by the In
terests.' "And yet Mr. Roosevelt has tha cour
age I shall not call It anything else has
tha courage, after that chapter, to charge
ma with being under the particular con
trol of tha Interests.
('sorted with Bosses.
BALTIMORE, May 1-Presldent Taft
began bis tight for the support of the
Mary land voters In Monday's presidential
primaries today with speeches at Hyatts
rllle and Laurel, In which be once again
attacked Colonel Theodore Roosevelt ao
euasd htm of mls-statemen' .ad mls
tuetlon of his speeches; said Mr. Rooee
relt consorted with the bosses be now
preached against tor seven years while
se was in the White House, and assailed
Utterly and at length Mr. Roosevelt's
loctrlne of tha recall of Judges and de
risions. "I'm a man of pesos," shouted the
president at Hyattaville." and I don't
want to fight But when I do fight I
rent to hit hard. Even a rat in a eer
ier will fight-"
The president said be deprecated the
necessity that forced aim to coma sot In
t political campaign like an ordinary
"If only my person ambition was cos
smed.", be said. "If only my personal
isputauon waa at stake. I should not
totfaer you, but I consider that I reore
, lent a causa.
iBBaavete A bread la Last.
"The Innovator Is abroad in the land
utd we are told that there are new things
hat ahould bo Introduced, tor Instance
he recall of Judges. If this policy Is
tdopted It will mean that la democratic
leers the decision upon laws will be
lemocratla and In republican years they
rtti fee republican. 80 we'll nave a vary
sat tatarpretaliona of the constitution de
tent tag on a stogie vote
"I am courageous enough to coma out
sad tell the people what they already
tnew they recognise the short comings
t a sudden decision of the people."
"Ail I ask is a square deal." said the
resident "Us. Roosevelt beUevea In re
erring to the standards of sport as
asxlms of Ufa. I don't object to tt. But
01 I ask is that he give ma a square
teat" ' f '
Bank Teller aeatraeed.
MINNEAPOLIS, May 4-Jens Behaa
be. former foreign exchange teller of a
seal national bank, accused af SKS short-
- hie accounts, was sentenced today
aa Indeternunaisj srntenra in awe
glson. '
C. T. Henssser Crltleeltr 111.
sr. JOSEPH, May a cnanta x. num
ser. assistant general passenger agent
t the 8. Joseph at Graad Island re '
riy, waa Btrtokes! with paralysis on .
rest and was removed to bis noma la a
Mioal condition, i
ae satsm.
Emphatic Demand Made for Change
. in Methodist Discipline Made
. in New .Resolution.
BUhspa Charge that Maay Seek
High Salaries Instead of Plaeea
Work le Needed "tarts
Lively Debate. '
MTNOTAPnt.iB. Msv 4. An emphatic,
demand that the Method! t Episcopal
church abandon its anti-amusement rules
waa made in a resolution ottered at tno
general oonferenca today by Benjamin
F. Ed sail of Newark. N. J. The resolu
tion was referred to a committee. It de
clared "that oomnulsory good behavior
la not the essence of religion." and that
tha present rule is Ineffective.
Two nronoaala to throw restrictions
about ministers in the choice of their
churches promised to arouse lively debate
at tha Methodist Episcopal general: con
rsranoa. which beaan tha fourth day of
Its quadrennial session bars today. The
amphaUo statement of the nisnops wi
ministers should "doacourage a growing
tendency to ga wbart the salaries wars
M.hui miue than to erhare their serv
ices were most needed," was scheduled
u hrinr out duKuealon as to ths relation
between the cost of living and the salar.
Us naid la msnv sorts of the. country.
The bishops la their message to tha con.
aa Mars-alnlns for salaries
a form 'of commercialism lneontlstent
with Methodism."
Another recommendation to limit to nv
years aa the longest time any mlnlitsr
shall remain in a given puipii aiso ie -pected
to develop opposition.
rthnneltlnn to be OQUally di
vided today as to whether the proposal
would pass ths oonferenca when it comas
to a vote. .
Saasa Think Wordles of Wllean
- Beeeletlea Tee Streas.
MINNEAPOLIS. Mlnn Mar A-8peclal
Cor reepondence.) There waa life and dis
cussion from tha moment of the opening
of the general conference yesterday af
the Methodist church. Dr. Anderson of
ths Missouri conference Introduced a res
olution condemning In severest terms ths
secretary of agriculture of the United
States, as well as other officials, for ths
recognition 'given by tha government to
the Rational Brewers' congress st itf
Iset session, when Secrets ry Wilson was
named In the program as honorary presi
dent His resolution pointed out that
this recognition was given over the pro
test of ths. Christian dtlsenibip of tha
entire country. That In so doing the
secretary of agriculture lent bis Influ
ence to the promoters of tne liquor traf
fic of ths country and against the tem
perance sentiment of the nation.
The resolution waa warmly debated.
not aa to Its sentiments, but aa to the
hastr manner In which It waa being acted
upon. A motion was made to refer to the
committee on temperance and prohibi
tion, but was lost by a email majority.
and ths original motion was passed. The
wording of the resolution was undoubt
edly very strong and many expressed the
desire to nave had a greater length o'
time in which to consider it However
there bt no doubt aa to tha final vote, aa
tha Methodist ctrorcb stands everywhere
in decided opposition to the Interests of
the liquor traffla.
Tha "amusemeat question" came up
immediately after, disposing of the reso
lution censuring the secretary of agri
culture. Rev. James I. Bartholomew of
New Bedford, Mass., Introduced a reso
lution to bare the constitutionality of the
amusement paragraph In the discipline
referred to the Judlctarr committee for
a dedstoa to this conference. His con
tention waa that the specifying of certain
amusements, as is dona In paragraph a.
Is In conflict with tha general rules and
baa been so declared by a number of
leading lawyers and Judges, members of
the Methodist church. "If," be declared.
"It Is unconstitutional, it should be
stricken out; if It Is after all constitu
tional the fact should be established for
all time by the Judiciary committee."
The proposition was vigorously debated,
Mne affirming that tt was not within
tha scops of the Judiciary committee t
pass upon abstract points of law, but
that If given Jurisdiction at an It mud
be after, a coma etc ease la brought be
fore the committee under the law; others
citing that the committee had been ap-r'-i"
is to give der;-n on ab-
ference at Baltimore four years ago. As
U-ou unwed on raa sout
Mississippi at New Orleans Foot
Ov;r High Water Mark.
Thawaaad Men Work All Might to
Prevent Break Directly la
front at City Thee
eaada MaraoaeeU
NEW ORLEANS, La., May t-riood
oondttlons in ths lower Mississippi valley
continue today to grow worse. No one,
nut evea those who have dealt with
similar problems, will forecast the out
come of the passing of the greatest vol
ume of water ever recorded In the great
stream. At New Orleans today the for
mer record was burled by almost a foot
Tha water at Torres, La., Is pouring
through that levee crevasse with an ever
widening gap, and another breach is
threatened there.
Reports . from the Inundated section
north of New Roads are of a gloomy
character. Ths flood water la traveling
at a rapid rate towards the Alchafslaya
river and la nee ring the main line of the
Texas Pacific railroad.
A telephone mesaage from Lettsworth
early today said the town was deep under
wster and hundreds of parsons In the
surrounding country are marooned In
their homes. In ootton gin houses snd on
house op. -"Motor boats Hats "hrasi seat
ts Lettsworth for rescue work.
A special trim arrived at New Roads
Isst night With several hundred refugees
from the deluged country. Most of them
were -negro women and children.
A relief expedition arrived at Bachelor,
ton miles south of Torres, lsst night
with g large number of victims, whs
were on ths verge of starvation.
Lavas Weak nt Baton Rang. '
Conditions at Baton Bougs are aouny
growing mors menacing. A force of LOW
men worked all night aided by search
lights on steamboats, trying to prevent a
break directly in front of that city. At
other large force was engaged In closing
up the gaps In the protection embank
ment Just south of Baton Rouge, where
It la hoped to prevent the waters from
finding their way to tha rich sugar lands
In tha Pontehartraln district. In the event
the fight to save the mala levee Is lost
Baton Rouge Is built on a bluff and a
crevasse there would not do serious 'dam
age except to ths wholesale section,
Bayausara, where a break occurred yes
terday, la today under water ten 10
twenty-five feet deep.
lafferinsr A leas Black River,
VICKSBUHO, Miss., May 4. There has
been a great amount of Buffering among
tha flood refugees of the Black river dis
trict In Louisiana. Reporta reaching
here any that of the hundreds of persons
from ths Black river country who have
gone ts the concentration camps at Har
risonburg, great numbers were at the
point of starvation, and many ,wera al
most naked. "
L'p to this time there baa been coo
parauvely little disorder In the concentra
tion camps, but last night there was a
row In a white refugee camp bare. Four
whits men got into a dispute with a pass
ing negro and be shot all four. Prob
ably all will survive
Berdelamvllle le needed.
MELVILLE. La, May A-Tha ten-mile
levee on the Bayou Dee Olalse. In
Avoyelles parish, broke this sftemooa
and water flooded the tqwn of Bordelon
vtlle, according to an unconfirmed report
received at tha offices of the district
levee board. Tha Texas A Pacific today
took another tratnload of people north,
snoat of them from tha endangered coun
try Just south of Melville.
Druggist Who Sold
Deadly Spirits is
Given Five Years
BERLIN, May A-The trial began an
March M of the men changed with being
responsible for the wood alcohol poison
ings which occurred st Christmas among
the Inmates of the Municipal Night
Shelter for the Homeless ended today.
- A druggist named Scharmaca, whs pre
pared the deadly spirits, was sentenced
to five years' Imprisonment Two sAi se
men named Zastrow and Meyea ware
each given tao months in JalL
The Indictment against the accused,
which specified eighty-nine eases of death
and five of total blindness from the af
fects of wood slcohol poisoning, alleged
the violation of the purs food law by the
preparation and selling of harmful sub
stitutes, and thus causing serious bodily
'Tha figure eighty-nine, siren as the
number of deaths, was taken merely for
convenience. Many more deaths in the
' --t. tt la now known, was due to wood
. oho! poisoning, where the sale of the
-leterious liquor Is known to nave bees
going on for years.
President Taft Deolines to Send All
Papers in Case to the
House. -
This Body Will Determine Whether
Impeachsaeat Praweedlags WUI
Be Brwaghf Charges
WASHINGTON". May tPresident Taft
In a message to the house In response ts'
the N orris resolution ssklng for the
papers In ths esse of Judge Robert Arch
bald of the commerce court charged with
having used his office to procure favors
from railroads, aald It was not compatible
with the public Interest to make all of
(he papers public at this Urns. He said
they had been sent to the Judiciary com
mittee of tha house for such further In
vestigation as It might desire to snaks.
It will rest with this committee whether
or not impeachment proceedings shall be
begun. -
One of tha speelflo allegations made
agaiast Judge Arch bald. M la said, la
that'' ha was -latere ted ke ths psonossd
purchase of sulm banka owned by a eoal
oompany controlled by the Erie railroad.
It Is asserted that plies of refuse eoal
were to be bought for a comparatively
small sum and sold at a profit of IX. 030
to St,0M, of which. It Is charged. Judge
ArchbsJd would receive one-third aa hit
" The diarges, M Is said, ware preferred
In connection with an Interstate com
merce case by William Boland of Bcraa
ton. Pa. Because of their seriousness.
Involving Judge Arehbald's relations with
railroads on whose operations it la his
duty as a member of ths eommarro court
to pass legal Judgment President Taft
instructed Attorney General Wlckeraham
to Investigate snd report to the bouse
Judiciary committee. This committee Is
charged with ths responsibility of In
vestlgatlng such matters with a view to
determining whether or not a prima facia
case Justifying Impeachment proceedings
is presented. Ths house makes Impeach
ment charges and the senate la the trial
court tor a federal official. The Judiciary
committee. It Is believed, will begin an
inquiry at ones.
Supposed Leper is
Basis of Interstate
Legal Proceedings
DES M01NE8. May A Dr. O. A. Sum
ner, secretary of the Iowa Board of
Health, today started legal proceedings,
ths purpose of which la to prevent the
state of Michigan from forcing upon Iowa
Herman Htrscbfleld, member of the city
council of Bay City. Midi., who Is be
lieved to be. s leper. lr. Sumner sent
word to the auditor of Appanoose county,
where Hlrschfleld Is now Isolated at
CentervtUe. to notify Hlrschfleld that be
will be denied eHlssnshlp In Iowa.
Dr. Sumner also ssked Attorney Gen
eral Coason to begin a suit to compel
Michigan to take back Hlrschfleld. All
arrangements for the transportation of
the patient to Bay City bave been mads
The cost wfll be SLIM; because a special
train Je required. Hlrschfleld rafusea to
pay ths bills, snd refuses ter return ts
Bay City.
Allen Threatened to
Make Big Hole in
Carroll Court
WTTHEVimC Vs.. May A-Floyd
Alien bad threatened before the HUurrllls
assassinations ts "make a big hole In tbe
Carroll county court." and to kill hla own
counsel It not "defended right" accord
ing to ths testimony of N. J. Bevll la
Allan's trial today for the slaying of
Prosecutor Foster.
"I stand tor any fine." Bevll said Allan
declared, "but If they try to send me
to the -pen' I'll make the biggest hols In
that court any man aver did."
The National Capital
Saturday, Way d, fit-
The Senate.
Met at II S a. m. -
Resumed debate on workmen's com
pensatloa bill..
The House. .
Met st 11 a m.
Resumed ronslderatloa of !eeta!atlvm.
executive sue) Jodicsal av propria Uoa btli.
Chicago Stereotype rs Join Pressmen
and Wagon Drivers.
Papers Delivered te Newsstands la
Wagon bearded by Police
Several ghats fired Near
Obb Otfles.
CHICAGO. May .-The strike of tha
pressmen on the principal Chicago dally
papers took on a mors serious aspect
early today when the stereotypers In all
of ths offices affected left their work In
sympslhy with the original strikers. This
made the third union to Join In tha strike,
the wagon drivers having previously quit
The wslkout of tha stereotypers com
pelled the publlshsrs to condense the
morning papers. Only one edition wss Is
sued and this waa without any adver
llsementa. It waa expected that the aft
ernoon papers would act almllarly and
Issue only one edition In eoimensed form.
for the first time sines the strike began
Shooting was resorted to today. Severe!
Shots were fired In ths street In front of
one of tha newspaper buildings at Mad
isen and Dearborn streets. No sna was
injured, but ths police mads several ar
rests. Newspaper wagons, under guard
of policemen, were being loaded at tbe
Urns of the shooting.
Pol Icemen were summoned this morning
when four men entered tits ruliertoa
avenue station of tha Notrbwastern-elevated
road and threatened a woman who
was selling newspapers. The men disap
peared before a patrol wagon arrived aad
no arrests wars mads, Ths woman was
sot beaten.
Prelskt tlaadlere Strike, 1
CHICAGO, May a -nix thousand Chi
cago freight handlers on twenty-four
railroads struck today, having rejected
aa offer by the roads of part of a wage
advance they asked. Ths men demanded
It a month Increase and ths roads of
fered UM. Several railroads have asks J
tor special police protection, '
Two Killed by
Collapse of Wall
at Toronto, Ont.
TORONTO, May t-The south wall of
a five-story building recently constructed
for the W 11 lam Nlaison company, limited,
buckled and fell in today, burying a score
of employes. Two persons, a man and a
woman, were killed, and nine others
seriously Injured.
The building was occupied on the first
and second floors by manufacturers of
Ice cream and chocolates. Two hundred
employes, the majority of whom were
women and children, were working when
tbe accident occurred shortly before noon.
Tbe entire city fire brlgsde turned uut
and made a hard effort to rescuer toe
Imprisoned ones.
Work Suspended on
New Union Station
at Kansas City
KANSAS CITT, May 4,-Wsrk on tbe
new IMBMOt Union station bars wss sus
pended today when tbe 1M union men
employed struck because soma of the
stone used bad been procured from aa
Indiana eempeay that employs stonecut
ters whose organisation ts not affiliated
with ths American federation of Labor.
Boy Impaled on
Picket Fence Dies
WEBSTER CITT. la. May l- Special
Telegram-) Impaled on a picket fence
yesterday afternoon while st play Rus
sell Knight aged IS years, son of Mr.
snd Mrs. John Knight died this morning. '
Ths boy waa playing with a 'number of
companions walking; ths fence between
the school snd court house fence between
be fell, tbe picket enuring his body above
ths heart and breaking two rlbe. It was
not considered serious st the time, but
last night ths boy grew worse and died
this morning.
Eirleben Wins
Missouri Marathon
ST. LOU IB. May 4. -Joseph Erxleben of
St Louis won tbe eighth annual maratban
w of the Missouri Athletic club this
afternoon in two hours and thirty -six min-
e. Jos Forsbaw of St Louis was see-
end snd Sidney Hatch of Chicago third.
Mysterious Circumstances Surround
ing Case Causes Police to De
tain Business Associate.
Thongh Everything ladlralea that
Men Had "era ttaarrellaa, tt ts
Stated that They Had Brea
ob Beet of Terms.
Unusual circumstances surround the
shooting Friday night of W. A. Barclay.
an expert accountant living at the
Chatham hotel, near Thirteenth and
P. H. PaJlnn. who wis associated In
business with the dred man. reported
the killing several hours after It oo
eured. though he was a witness to the
tragedy. Tha fact that ha withheld ths
facts for so long a time and has mad
contradictory statements, aroused sus
picion, and be was taken Into oustody
by ths police shortly before Saturday
Barclay's body was found at t.w o'clock
In ths morning in bis room st the Chat'
ham. and examlnsllon showed thai ha hod
been ahot la the breast. After reporting
ths tragedy Dalian went lo his office
in ths Omaha National bank building,
when be gave out an Interview to the
effect that Barclay shot himself acci
dentally. -Srraage
facta, Develop.
Ths police were apparently slow In get
ting to work on tha case, partly due to
ths fact that they were not notified early,
but after they got started they unearthed
conditions and slrcumstanoea that made
things clear and mystifying alternately.
As InveetlgatlonB are pursued the murder
theory becomes stronger.
At S o'clock Saturday afternoon Detec
live Heltfeld found that a bullet bad
pierced the bedspread and sheets In Bar
clay's room. Among other things It now
appears there was a scuffle between the
two men.
The strangest fact of all cams after
noon when examination disclosed that
Dallen had a bullet wound In ths breast,
the bullet having entered the left side
and coming out under his shoulderr.
Added to. these fscta are Barclay's clothes
had been pierced by bullets. Indicating
that tha shooting occurred when he waa
undressed. Dallen explained that he tried
to commit suicide after Barclay was shot
redressed When Attacked.
"I cannot find a bultet wound or any
powder burns upon Barclay's clothes."
says ths coroner, "snd I believe he wss
undressed when attacked and shot. The
appearances of the room were not nat
ural, and rhe fact that tha body was
dressed aa for the street a hen found
makes me think that there waa a mur
der. I don't place much credence In
Dalian's stories. They don't hang to
gether." Dalian waa asked by County Attor
ney James English If there had been a
quarrel, a fight Jr an argument He said
there had not been any troubls at all.
"I think my friend snot himself ac
cidentally," said Dalian In his office be
fore the arrest. "We were In bis
room talking about my new re
volver, a Jb-caliber automatic. He
waa examining it when suddenly
It was discharged. Barclay fell. I
was horror stricken snd rushed from
the bouse without seeing whether he
wss dead or not. I completely lost my
heed and wandered about all night I
could not sleep, and was afield te notify
anyone or call a doctor. I was slmoat
erased with the thought that possibly I
had caused bis death. Oh, It waa awfuL
Just think, we were talking together aad
then be waa ahot.1"
Dalian was arrested later by Detectives
Heltfleld aad Marphy. Before hla arrest
be talked with Coroner Willis C. Crosby
and hla story did not eoincids with that
told ths reporter.
Tells Different Story.
"We were seated together talking when
ho was shot." Dalian told the coroner.
"After the shooting I threw the gun out
a window."
A search of the room showed the gun
to be under the bed. The coroner says
that the marks upon ths body indicated
that tt had fallen after being shot
through tbe left breast and after death
had been forced Into a chair. It wss la
this position that Deputy Coroner Bert
Spain foond It. He says that death was
probably Instantaneous and that It had
been dead over seven hours.
Ths polios did not know of the affair
until about tha time tbe noon editions of
tno Omaha papers appeared on the
street Chief Devereese beard of the con-
(Continued on Fage Two)
Fact that He is Candidate Doe Not
Disqualify Him.
Only List Out is that of Mayor, ;
Turned Down by CounciL ,
Mayor Issues Call to Fix Up a New
Board Monday.
Lawyers Predict In Argamente that
"Rials" May Be Expected nt ths. '
Tolls t alesa Boards Are
Named la Advaaee.
Judge Charles Leslie of ths district
court yesterday afternoon denied tha re
quest of the CHIsen's union that he Issue
a writ of mandamus to compel ths dtw
council to name Judges snd clerks of
This action on the part of tha Judgs
leaves the city of Omaha without an
election board, as the city council re
jected the Hat of names submitted by
Mnyor Dshlinan. at an adjourned mast
ing held Wednesday afternoon.
Aa the next move to got an election
board Mayor Dahlman has Issued a call
for s special meeting of ths city council
lor Monday morning at IS o'clock at
which time an effort will be mads to get
together on some plan tor naming Judges ,
and clerks for Tuescday.
The call follows:
Dahlman laenes Call.
A special meeting of the city council
of the city of Omaha Is hereby called
for Monday. May s, at IS o'clock A m..
In the council chamber In the eliy hall
for the purpose of reconsidering tha
vote and action of tbe city council re- '
Jmtlng the appointments made by tha
msyur of Judvea and clerks of the eleo
Uun to be It-id In said city of Omaha,
n Tuesday. May t, 1811, snd for the pur.
pose of taking such action by the city
council as may be proper and necessary
to give conxrnt by .tits rlty cntinoll eel
contemplated end provided by law to the ,
appointments of the mayor of tlis Judges
snd clerks of ssld election. - -
This ca.l Is msdo and Issued for ths pur.
pose of liavlug the law relating to the
spuointment of JudK's snd clerks of elec
tion compiled with by the council and ts
avoid delays aad conflicts at the opening
of tha polls of said siet tion and to enable ,
the legel electors of Omaha to have the
full time lo vote at said election aa pro- '
vlded by law. It having been expressly
decided by the district court that the ,
mayor has the legal right to make ths ,
appointments of Judges and clerks at !
said election. i
This call is made and Issued this 41 k ,
day of May. 1311. i .
Mayor Should Appoint., '
Judge Leslie gave no lengthy opinion.
He simply said that In hla opinion,
formed after hearing the arguments of
counsel fir both sides of ths controversy,
the mayor Is the only person fsjly au
thorised to submit lists of Judges snd
clerks of election for approval of tha
council. He declared that the tact that
the mayor Is a candidate tor office at j
the Impending election does not disqualify
him and does not constitute disability.
"I do not think It waa the thought of :
the legislature when tt passed this law,"
said Judge Leslie, "that ths mayor or
sny other official should be disqualified
simply for the reason that hs was a
candidate for office."
Berks May Art,
Judge Leslie took notice of the fact
that the present suit wss one for a com
mand to Councilman Berks to take aorloa
and that so far aa ths court's action was
concerned the president of the council
still might act. because be was not or
dered not to act
Judge Lrille after taking such notice
indicated that Berka cannot appoint, oven
If he chooses to do so. He said:
"At this tlma It la not necessary to go
Into the question of whether or not In
the absence of an Injunction, tha president
of the city council may make a list of
Judges and clerks Tha time In which
such a list might be preps red has expired
and under the law no list can be made
by any person at this tlma. Tba Ust un
der the statute must be made and sub
mitted st the last council meeting be
fore the election and no Ust made and
Business, runnlnf
down?- There's noth
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to restore it to that
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Yon may be a small
merchant the kind
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use of a large amount of
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want ads assure healthy
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the stimulant. Bee want ads
wiU brighten and intensify
Tyler 1000 ;