Omaha daily bee. (Omaha [Neb.]) 187?-1922, October 26, 1912, Page 6, Image 6

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Corner 16th and Harney Sts.
Lawyers Differ as to Meaning of 1 ft IIVB ft B B"S - ffFE3 A
Proposed Amendment
11 v
Tin, i urn mmuuiuiwii i mm9mimmmmmTl
-rrrnririn " -----
1 M I
i'aiugc' Mar Extend Terms of Office,
Say Some) Others Adhere to
Belief Nevr Law Would
Shorten Tem.
Those Design
ers at the
'Society1 Brand
shops regard a
human form as
a work ol ART
and DRAPE it
ETry suit or overcoat made
In the "Society Brand" shopi,
seems to jump at you and say:
"Take me out of the common (
herd!" There's a snap, dash,
sparkle, Tim, mode, or what
ever you care to call it, that
puts the gleam of fashion o'er
every wearer of these not-Uka-other
garments. Now Good
. Dresser, you'll be fitted and
styled in the 1912 way If you'll
leave it to "George" and his
If Omaha possess
es a lane where
stylish fellows
stroll, this winter
will see it crowded
with Overcoats in
the "Sheridan"
model, as pictured
above. It's a
ran d"
and sells at
020 to$35
Here's a brief descrip
tion of the "Sheridan:
Three button through;1
silk lined;, cuffs on
sleeves; patch pockets
and flaps; half be lt,
opens , and closes with
two buttons; box pleat;
medium length.
Here's a little para
graph that I've
printed he ore, hut
it' s so truthful
that it will bear re
peating "Brooks' Own'1
Suits and Overcoats
$20 and $25
are the "next best"
things te "Society
Tl... ... 1 ! I
orana domes.
When the voter goes to the polls No
vember 5 he will be expected to am a
vote for or against a constitutional
amendment, the Interpretation of which
has puzzled Borne of the best legal minds
in the state and the adoption or rejection
of which will determine whether or not
rtaln county officeholder all over the
state shall or shall not be candidates for
re-election In 1913. This Is the proposed
amendment fixing the time of the general
election in the state on the even years,
beginning with 1914.
The amendment as proposed Is said
be ambiguous. Part of the wording seems
to make it clear that county officials
elected In 1913 for what normally would
be a two-year term will serve hut one
year, and that thone e!ectfJ for what nor
mally would be a four-year term will
serve but three years, or until the next
general election preceding the time of
the termination of their office. Theri,
when this is made clear, so say some who
have been studying the proposition, there
appears the puzzling clause, "provided
that no office shall be vacated thereby,
but the Incumbent thereof shall hold over
until Ws successor Is duly elected and
Qualified." This would seem to Indicate
that the amendment expected the provi
sion to lengthen the term of some of the
offices while the shift was being made,
rather than to curtail them by one year,
Sa part of the phrasing is being generally
The proposed amendment to section 13
of article xvl of the constitution of the
state of Nebraska, which Is the proposi
tion causing this discussion. Is as follows:
WhM It Sara.
"Section 18 (General Election, When
Held). The general election of this state
shall be held on the Tuesday succeeding
the first Monday of November in the
year 1914 and every two years there
after. All state, district, county, pre
cinct and township officers, by the con
stitution or laws made elective by the
people, except school district officers and
municipal of fleers. In cities, villages and
towns, shall be elected at a general eleo
tion to be held as aforesaid. Judges of
the supreme, district and county courts,
oil elective county and precinct officers
and all other elective officers, the time
for election of whom Is not herein other
wise provided for, and which are not
included In the above exception, shall be
elected on the Tuesday succeeding the
frst Monday In November, 1913, and.
thereafter at the general election next
preceding the time of the termination of
their respective terms of office. Pro
vided, that no office shall be vacated
thereby, but the Incumbent thereof shall
hold over until his successor Is duly
elected and qualified," ' .
It Is taken from this that the election
of 1913, provided for by the proposed
amendment, is , to elect, as usuai, a
sheriff, county ; clerk, register of deeds
two county ,simnt!sloners, county Judge
county superintendent bf public Instruc
tion, county surveyor, or all the coun'v
officials .regularly.' elected ;'oh; the odd
year by the' present system. As the of
flee of sheriff, , for example,' Is a twd
year "office, he' Would under the proposed
system effme up again for election in
1914, Which would be the "next genera!
election, next preceding the time of the
termination of his term of office." This
would give him a one-year term. , ,
As the register of deeds regularly holds
a four-year term, he would corns up
again at the general election of 1918
which Is the "general election next pre
I ceding the time of the termination Of
his term of office." This would give him
but a three-year term.1 i ..
As tht county commissioner Is elected
for three years, he would again come up
tor election In 1916, which, would coincide
with the year for the general election,
! and hts term would be neither curtailed
nor extended. '.. -.
j In view of these Interpretations, many
I are wondering what Is the purpose of
! the clause which provides that "no office
; shall be vacated thereby, but the lncum
I bent ' thereof shall hold over until his
successor is duly elected and qualified,"
' .TnitsrPK Woo Effected,
The district Judges also would fall un
der the new ruling. Th district Judges
I of Doug'as county who. were questioned
regarding the matter said they could (Bay
absolutely nothing about It, although they
recognized there was reason for a dif
ference of opinion. " , .
HfiffEf m mmmmmH m new ma s a rs a q n u ti h ii u y ur h
Young Burglar Hurt,
Thinks of His Mother
Hit by four bullets and in a critical
condition, a burglar shot in a running
pistol duel with Patrolman John psznow
k airly this morning, thought only of
his mother and, to spare her feelings, re
fused to give his name. He was taken
to St. Joseph's hospital.' The wounds
are not fatal. 1
Pssnowskl, with Detectives Ring and
Van Dusen and Sergeant Sa'mueison, an
swered a, call to the M. Kettleman gro
cery, (02 North Eighteenth street, at It?
o'clock this morning, and as they sur
rounded the place, four men broke from
a shadow and scattered in different di
rections. : They were pursued by the of
ficers and all escaped except the one
taken by Pssnowskl. ,' He wa& dt in the
right forearm; the left shoulder, the
right wrist and also had a burn on his
right side where a bullet grazed him.
While running one of his comrades
turned and fired at Pssnowskl, who then
, started shooting on his own account! It
, U believed that another of the burglars
. Is also wounded. The Officers think all
are white with the exception of one,
j who Is a light colored negro.
I tata last night H. P. Whailn, 1114 South
i Thlrty-fltth street, reported that his
home had been entered and Jewelry and
j clothing valued at $73 taken. Neighbors
I saw three men prowling In the neighbor
hOOd. . f ' ' .-
wm mi
S. E. Corner of
18th and Harney Sts.
Edward Simon and Harry Lapldus have
arranged a republican meeting tn rooms
jon the top floor of Barlght's hall for next
j Wednesday evening. The 1 meeting Is
.called especially for the Jewish cltliens.
la'thavgh U are Invited. .Governor
Chester H. Aldrlch 1s to be the principal
speaker of the evening. All candidates
4 i of Douglas county wilt be Invited.
8 A. M. In the new, daylight Drapery De
partment. In moving the department, we un
earthed many single pairs of curtains. y2 the
usual price Saturday, one pair of a kind.
There may be 200 yards of Ivory colored,
Hemmed Edge Scrim with drawn work. What
ever there is will go at 25c yard. 40 inches wide.
( Note if you please. -
An odd lot of Ecru Scotch Madras, 36 in.
wide. The regular price was 25c, Saturday,
15c yard.
Art Department. A lot of Linen Waists,
stamped ready for working; these were $1.50,
Saturday 59c each.
Several Hundred Picpes of Pure Silk Ribbons
Measuring 4 inches wide; practically
every color. 20 cents per yard would be a low
11c Saturday
, Scores of uses will suggest themselves to
you. You'll say this sale is timely.
v Do us the favor, and yourselves the justice,
to visit our Children's and Junior Sections.
A Ten Dollar Bill rarely went as far as it will
go in purchasing power here Saturday. If you
are interested in any tjirl of 8, 10, 12 or 14
years, the Coats shown will attract you Satur
day. Man tailored Ooats, made from the, Nob
biest, Nattiest and Knottiest fabrics. AlLwool
and warm with just the right weight.
Any Little Tots?
If so remember to look at the jaunty Cor
duroys for children from 2 to 6 years Brown,
Navy and Taupe. Perhaps you have seen Coats
; at $10 or even $12 if so, Saturday's showing
tik pu.iu win appeal. , (
Mackinaw Plaids
'Aren't they frightful looking!" a very de
mure woman said. Put one on a bright, attrac
tive young girl and you'll say, what could be
more stunning. Indeed women buy them freely
in the East, and most of them look mighty
handsome in them, too. They have an atmos
phere that is real snug also, and you can buy
them Saturday at $10.00 and up.
The Frost on the Pumpkin is a reminder of
winter's approach, and if in spring a young
man's fancy lightly turns in a certain direc
tion, then in winter, woman's fancy turns to
Starting Also at 10:00 a. m.
At Silk Section All the odd lengths from
a big jobber's stock of crepes, meteors and
chajmeuses. Crepes and meteors worth up to
$1.25, at 63c. Charmeuses 40 inches wide, worth
$2.00 and $2.50, at $1.19 a yard.
' You may find just the color and just the
length. If you do means much saving worth
thertime and trouble of looking. But be prompt
to avoid disappointment.
Hats for the Young
Not very many left of those which were
$2.00, $2.50 and $3.00, Saturday $1.00 each.
- ; At the Stork Section at $1.59 you will see
Mtwu vixAui uiuci cu xjuug Ait'osca lur liuuius.
u .iJiiy)D
Our stock this year is much larger than
formerly. Skins carefully selected and fur pieces
made up specially for us means much to you--perhaps
no article of apparel causes more anx
iety to womankind. This is one place where you
must rely on the dealer if you would have fur
satisfaction. And this is one place' when trad
ing with a Reliable Dealer Means Much to you
also. N
Our early business has been remarkable.
Buyer has just returned from a special trip to
New. York made necessary by big business.
New selection of new models awaits the
Saturday buyer, and all the Best of the new
materials are here for your inspection.
The Billie Burke coat is a great favorite.
We will show it on Saturday. Just what you
would expect Billie to wear, and almost as
well worth seeing. ' -;. .
We Med a Wonderful Heist Purchase
Every sample waist that a manufacturer of
exclusive waists had on hand. Most attractive
and stylish combinations of Chiffon and lace.
Silk and other fabrics, prettily garnished with
novel trimming, intended for sale, at, $12, $15
and $18. Instead of those prices $7.50 each,
' 10 A. M. is the hour set for the sale. None
before. J .
Bight here is perhaps the best place to call
attention to another important sale Saturday
Look at the Glova Section
In passing. Every Saturday and most other
days, something special in gloves. Saturday
will be kid day. A few lambs and capes also.
A regular procession of Men, Women and
Children patronized the candy section Saturday
last. Not since the holidays did we , have so
many customers. All week Mr. and Mrs. Cobb
have been preparing specials for this week end.
For Saturday Nut Pillows (known as Pikers),
lb. box, 30c.
Just as a trial get a one-half pound for 15c.
Dainty Candy Jackets, generously filled with
Black Walnuts, filberts, cocoanut and ground
- Chocolate. A geisha girl, if she read this
description, couldn't help saying, Yum! Yum!
Better be early for these may not last all day
Chocolate Chips just old fashioned molasses
taffy, dipped in pure chocolate, that's all. No,
not all, Saturday 25c for a pound box, instead
of 40c.
Marshallows Toasted Better than ever,
40c lb. Manhattan Caramels, 3-layer, Dee
licious, 40c lb. Go where you will, nowhere will
you find more alluring or dainty chocolates and
Bon-Bons, and in mighty few candy stores can
you equal the quality, and in still fewer candy
stores can you buy equal quality for the price.
Only the purest wholesome creams and fruits,
the choicest nuts and the very highest grade
chocolates, 60c lb., the price. Are you planning
for a function, reception, wedding, breakfast,
afternon or evening affair? Mr. and Mrs. Cobb
will take all the burden of catering from your
minds. Better order a week in advance means
better service ices and creams for Sunday must
be ordered on Saturday. 4
Supreme Court Passes on Points
Involved in Controversy.
Decialon Covers Descent of Share In
Property and Given It to Helm
, Rather Than Estate of
Chat-lea Mann.
The supreme court of Nebraska has
aanded down a decision. In the cats
0 rising out of the will of W. W. Marsh,
Captain W. W. Marsh d'ed in 1901,
.eavin a will creating- a trust whereby
all of his property was to be held until
January 1, 1910. Chaixxi Marsh, one of
the legatees under the will, was Indebted
to the estate In the sum of $10,000 and
to the United States National bank In
the sum of $30,000. Charles Marsh died
In 13U9, a few months prior to the ex
piration of the trust The widow of
Charles Marsh contended that that part
jt the estate that 'would have oume to
Charles Marsh, were he liv'ng on Jan
uary I, 1010, was not subject to the pay
ment of the debts of Charles Marsh. i
The trustees petitioned the district
court for Instructions with reference to
that part that would have cone to
Charles Marsh and asked that the
amount due the estate by Charles Marsh
be paid out of the fund coming to Charles
Marsh. The widow of Charles Marsh
made an assignment of her Interest,
whatever It might be, to . the United
States National bank to secure the
obi gallon owing It The district court
held that that part of the estate that
would have come to Charles Marsh on
January 1; 1910, should be subject to the
payment of his just obligations.
The supreme court held that under the
wording of the trust the property that
would have gone to Charles Marah, were
he living on January 1, jJIO, does not go
to his estate, but by virtue of the specific
provisions of the will that part goes di
rectly to the heirs of Charles Marsh,
being his widow and child, and was not,
therefore, subject to the payment of
the debts of Charles Marsh, except th
property that went to t..j widow of
Charles Marsh, whtch the Supreme court
held was subject to the payment of tne
debt owed the United States National
bank by reason of her assignment of any
Interest that might come to her In the
estate of Charles Marsh. '
WASHINGTON, Oct. .-Increases in
class freight rates averaging about 7 per
cent, proposed1 by the Chicago and North
western, Chicago Great Western, Chicago
Milwaukee and St Paul. Chicago, Rock
Island and Pacific Illinois Central and
Minneapolis and St Louis railroads be
tween points In Iowa and Minneapolis.
Minn., and other shipping centers today
were suspended by the Interstate Com
merce commission until April 29. n
Teachers of Maine
Give President Taft
a Hearty Welcome
POLAND, SPRINGS, Me.. Oct. 26.-After
a vacatlbn of nearly two months, Pres
ident Taft - tomorrow starts back to
Washington to take up the labors of
what he expects will prove a busy win
ter. His plans for the return trip were
changed tonight and instead of taking
a motor ride of 17G miles from Poland
Springs to Boston over slippery muddy
roads, he will board his, private car at
Danville Junction, five miles away and
start his journey ' southward. The pres
ident Is not due In Washington until
Sunday morning, for he has speak
ing engagement Saturday In Cambridge
Springs, Pa., and will turn west tomor
row afternoon at Boston to keep It.
The Maine teachers gave the president
a rising welcome. He spoke in the Port
land auditorium, which was crowded.
After the speech he met a few Maine
friends at the Portland club. Mrs. TaXt
and Miss Helen accompanied him on trip.
In addressing the teachers the pres
ident said be had learned the value of
teaching In the Philippines when he was
governor-general, . He told of the Impor
tation of tOOO . American teachers and
their successful efforts, not only to In
struct ths Filipino children, but to show
thousands of FiUplno men and women
how to tch. ; -
The president drew a parallel between
the teachers and government , employes
and said both should be taken care of
after they had spent the active years of
their lives In efforts to serve.
The president offered no solution of
the problem of retirement on pensions
for teachers but said he favored a pen
sion for government employes who are
superannuated that would be contributed
partly by" the employes and-partly by
the government
Wickersham Shows
Prosperity Eeigns
f "
CAMBRIDGE, O.. Oct 25. -Declaring
that, "We are today In the flood of an
increasing and widening prosperity,"
Attorney General Wickersham delivered
an address here tonight, . . s
"Our mills are running," he said, "and
the demands for their product is exceeding
their capacity. No able-bodied man who
wants work need remain idle. : , . .
He declared that it was no mere ac
cident, which brought this happy condi
tion of affairs under President Taft Mr.
Wlakersham commended the president
for using the veto power.
Receipts and Expenditures of Pro
gressive Party Placed on File.
Total Contributions' to October IT
Are 304,244 and 9892,341, vrtth
Bills of 41,841 Remain,
in- Unpaid.
NEW YORK, Oct. 25,-The progressive
party received contributions for Its cam
paign fund up to October 17, of 1304.24-,
spent 1298.341 and had unpaid bills and
contract obligations for $41,341 more, ac
cording to the official statement of re
ceipts land expenditures sent to the clerk
of the house at "Washington today by
Treasurer E. H. Hooker of the progressive
national committee.
Frank A. Munsey, who gave $70,000;
George W. Perkins, $4,000; and W. Em
ten Roosevelt, $31,000, appeared as tht
leading Individual contributors. The bal
ance came from nearly 7,000 individuals
whose gifts ranged from the $15,000 given
by Douglas Robinson, Colonel Roosevelt's
brother-in-law, to two anonymous contri
butions of 10 cents each.
The statement of Mr. Hooker embraces
all receipts and disbursements from July
I, marking the first activities of the pro
gressive party, up to October 17. The re
publican and democratic statements will
be filed at Washington Saturday, accord
ing to announcements from the respective
committees today.
Some of Contributors.
Mrs. Wlllard Straight of New York gave
$l,000; Mr. and Mrs. E. H. Hooker, $6,000;
William P. Eno, George Moore and An
toinette Eno Hood, $5,000 each; Repre
sentative William Kent, California, $4,500;
George F. Porter. Illinois, $5,825; William
Wrigiey, Chicago, $2,000; E. H. Van Ingen,
New York. $2,000; and Gertrude Plnchol,
$1,100. v -
Henry White, former ambassador to
France, appeared as a contributor of
$1,000; Mrs. Alice Roosevelt Longworth,
$00; Thomas A. Edison, $500; Emily T.
Carew, $300; Mrs. M. E. Roosevelt, $500;
Philip 3. Roosevelt. - and Mrs. J. West
Roosevelt $250 eech
The chief Items of expenditure up to
October 17 were: -
Printing, $58,444: printing bills unpaid
and contracts bn force, $28,874; advertis
ing, $20,565; traveling expenses of candi
dates and speakers, $45,665; salaries of
employes. $32,713; postage and general ex.
penses, $11.345; , telegrams and telephone
$10,198; office rent, $8,242. The sum of
$95,56354 was sent to thirty-seven pro
gressive state committees for- the work
of state organisation,
Oas- Do-r o? 3Iore.
The national progressive committee re
ceived 4.687 contributions of $1, each, six
teen of 25 cents each, twelve of 50 cents
eh and a larra number ranfflnar from
$29 to $250. The total contributions of . gjj
Medlll McCormlck, vice chairman of the
national committee, was $1,000.89.
Contributors of $1,000 were: Henry
White, Washington; Alexander H. Revell,
Chicago; J. D. Lai kin, R. P. Perkins, K.
R. Merritt, Howard Pardee, Evallna B.
Perkins, Wlllard Straight, New York;
Mrs. M. E. Pinchot, Ohio; "Davis fam
ily," Massachusetts; Q. A, fioden, Alfred
L. Baker, A. B. Dick, Ruth McCormlck.
Progressive club, Bvanston, 111.; Edward
A. Rumely, Indiana.
Contributions of $500 included: Charles
Scrlbner, J. P. Grler, C. E. McCormlck.
V. Tlbbltts and A. Hacksher, New York;
K. K. Leeds, Indiana; R. R. Quay. F
L Montgomery, H. D. W. English, Penn
sylvania; George R. Carter, Hawaii;
Margaret D. Robblns, Mrs. I. DeK
Bowen, Luoten M. Williams, A. L Ba
ker and George A. McKinlook, Illinois;
Dr. E. M. Harris, Rhode Islands Edward
K. Warren and Charles- Warren, Michigan.
Ilynnmite Wrecks Iltiilding-s
as completely as coughs and colds wreck
lungs. Cure them quick with Dr. King's
New Discovery. 60c and $1.00. Beaton
Drug Co. Advertisement -
Key to the Situation Bee Advertiing.
Iowa Commercial
Clubs Advocate
Business Schools
6IOUX CITY, la., Oct. 25 (Special)
Practlcal courses in business management
and salesmanship will be taught In all
trf the colleges and universities of Iowa
If the recommendations of the Iowa
league of Commercial Clubs are carried
Into effect
At the final session of the third annual
convention held today resolutions were
passed urging the "vigorous expansion
Of practical courses In business adminis
tration" and it was further resolved that
the colleges place In their libraries more
books on business efficiency and on ad
vertising as suggested by the national
authorities on these subjects.
The state extension bureau was also
heartily endorsed by the league so "that
citizens of Iowa and the world at large
may learn of the possibilities and oppor
tunities in this great state of Iowa." A
state employment bureau was also sug
gested. J. F. Terhune, secretary of the Clinton
Commercial club was elected president
Farmers' National Congress
Jew Orleans,
Illinois Central
Tickets on sale .November 5th, good returning twenty-five
(25) days from date of sale. Liberal stopovers.
Diverse routes south of the Ohio river. '
; Special service from Omaha, Chicago and St. Louis.
Official train leaves Omaha 5:50 P. M., November 5th;
Chicago, 9:10 A. M., November 6th; St. Louis, 1:30 P. M.,
November 6th; arrives New Orleans, 10:55 A. M., Novem
ber 7th,' in time for the opening meeting. -
For reservations and other information write L. C.
Lawson, Chairman Transportation Committee, Clarks,
Nebraska, or Hlinois Central City Ticket Office, Omaha.
District Passenger Agent,
Omaha, Nebraska.