2
THE OMAHA STXDAY BEE: DECEMBER T, 1912.
Exclusive Theater Coats
Parisian models that are of
charming elegance; exquisite
materials and colors.
Chiffon broadcloths; rich and lustrous,
in black, plum, tan and pastel shades
of rose; Imported eponge in plum,
taupe, brown and American beauty.
Black chiffon velvet; also black
moire and velvet combinations.
The individuality of each model, the unusual
combination of colors and materials, and the
skillful workmanship make these garmeuts look
double the prices quoted.
$39.50, $45, $49, $69.50
Shown in the French room.
Havana Brown
Button Boots
Ijov? htel and grncoful
nrcli, leud comfort and
clinraotor to tho foot, $4,
$4.50, $5.00, $5.50 and $6.
Mark Cross
Leather Gomds
Mont everything ono enn
til ink of in lcnthor novel -tioH.
(lifts of lcnthor for
"him" or "her."
BRIEF IN PAPER LAW CASE:
He Says Publicity Interferes with
Freedom of the Press.
NULLIFICATION BY INDIRECTION
Drnlrn It lab t nf Congress li Inlrr
frrr itIIIi Liberty- of Dlscnaaloii
I nilrr ftulsr cif Itrntila
Hun of Mall.
WN JTORE
in mm
1518-20 FARNAM STREET.
COMMERGE TEACHERS ELECT
(Continued Mora Page One.)
a Nplrit of iservlco are necessary In tho
work fit teaching; and It Is especially
necessary that the teacher show the pu
Mis lullvldually .that ho U Interested In
their Individual .welfare.
W. 11. Redmond of Central lllgh echdot,
fit Joseph, In an oAdrsis on Itupld, Cal
culation, expounded the method which
ho hit upon year ago, which ho says
has turned the aubjeot of rapid, calcula
tion from the most despised subject In
tho school to the best liked and moil
Jooked forward to. lie has modeled tho
work after the athletlo frame In season.
Thus during, the foOpt hall season, as at
present, he 'divides fthV rluss Into two
ttama and loWs then to toss for the
"kick- off.'-'. The toam';t6at Rats ho "kick
off then has the o$othertle tall. It
must either make iralns, lose ground or
remain at a standstill.' A problem . Is
given,. If a member Of jAho team with
tho ball first solves the problem, the re
ceiving lino Is downed at the 30-yard line.
If the receiving llno( first solves tho
problem, tho boll Is, down on tljo JO-yard
line. The forward pass aJid all plays ot
tho gamo ore thus exemplified In the
tame of calculation. Tho forward pass
may bo tried at the request or the cap
tain of tho team with tho ball. At the re
quest ot the captain of the advancing team
a punt may bo tried. The captain de1 tr
ustee one member of his tram that Is to
work on a given problem against the en
tire opposing; team. If the "punter" fin
ishes first his team gains 30 yards.
Talk tin Sound Hauklnir.
C T. McOrnw. president of the live.
Stock National bank, Houih Omaha, de
livered an address to tho teachers under
the auspices of the National Clttesns
league for UmVromotlon of Bound Bunk
ing. The artrument was for the adoption
of moaaures upon tho part or Instructor
and textbook writers for commercial high
schools whereby tho elements ot the sub
ject of banking and currency In the
1'nlted States might be taught In tho
third and fourth years of the cdurso ot
such schools. Mr. McUrew explained with
unusual clearness the vital necessity for
such Instruction In the oehools, and
stated Incidentally that It had no place
In political discussion. He thought the
young men of the nation ought to be
taught the principles of banking o that
they "would have the advantage of the
Dn't run
chances of
getting
Weak
Lungs
fiet rid nf vnnr
cold now. Take
no chances with
your tunc.
l tjr. SutTl Ct i Imp Wnlli u4 cm t.
tin. K. Sjtn, Ml ML SUM Art., Dttnft, Mktu
rrr.. SHBirMi to luItiaMilH:
for
knowledge when they took their places
In tho business world.
K. M. Douglas, Cnpltot City Commerouvl
school, Madison, Wis., laid stress on the
Importuncn of good pcnmanjhlp. He
spoko of thb valuo ot constant practice
nml said children should be aught that
killing time was butchery of opportunity.
A. N. Palmer of New York City, speak
ing on the ''Blgns ot the Times," Said a
teacher had not taught until the pupil
had learned something. He nUo touched
on the subject ot penmanship and sitld
that In New York Cltv out of 7.0W who
hod applied for office wnrk ot a public
employment agency only 1,300 seoured
positions, while tho rest were rejected on
account of poor penmanship,
CYRUS KIRK, PIONEER OF
DES MOINES, IS DEAD
UKH MOINJM, Nov. JO-Passing ot
Cyrus Kirk, president of the Eiwltable
Life Insuranrji company of iQwq, . lief
last night marked the eiul iijSnh unuiual
career, Mr. lClrtf.ollowlnWrt-Yflce In the
civil war, bieamo a blacksmith near his
hohie In l'iinnsylvanta, lie moved to Dea
Moines lit 1S117, I ley ho was suceetvely
blacksmith, grocer, grain buyer and
miller.
Thirty-seven years ago he etittirrd thu
employ ot tho Insurance company and
worked his way up until he was elected
president seven years ago.
Although almost V0 yours ot age, Mr.
Kirk ocoupled his desk up to three weeks
ago, when he was taken 111. Ho Invur
lably wnlked from Ids residence to his'
office.
FISHER REFUSES REQUEST
OF SAN FRANCISCO
AVA8H1NUTOX, Nov. S0.8oretary
Fisher told representative! of Ran Fran
cleco at today's lletch Hetchy heating
that he would require the city to tako
ovsr the Spring Volley Water company
of California beforo he would Issus. u
permit allowing Han Francisco to go Into
the HJe) IMchy valley for Its water
supply.
The secretary further declared thst It
would bo an unwise and unsound public
policy (o grant a permit for a water
supply on a government reservation as
a substitute for u source which already
exists.
BOND OF KANSAS CITY
BANKER FORFEITED
MEM I'll IS. Tenn.. Nov. 30.-C. A.
Bonds, former president ot the Kansas
City All Night and Day bank, con
victed with K. U Hendrey and others In
the collpe of a western chain ot all
night and day banks, did not appear for
sentence In the federal court here today
and his bond of IJ.000 was declared for
feited. Whllo his bondsmen contend the
banker Is seriously III at his home In
Kansas City, the authorities declare that
Uonda has escaped to Canada.
Aiiueltr Krtlnjriuan Slarrlea,
DANUUHY. Conn.. Nov. SO.-Mlss An-
l tss If nllarmn t ha uuiIhuuah ... - ....... .
I fiMiiiiuui jur r ts tuiiiict tt as Ilia I
iMed to her munager. James It, Sullivan,
by a Justice of the peace here Tuesday
inm.
SINGLE STONE
DIAMOND RINGS
Depend for their worth and value upon many faetors
such ns color, brilliancy, shape or proportion and per
fection, or degree thereof. "We have tliem mounted in
Kings from. $5.00 to $600.00; at suoh prices that
we will refund nine-tenths of purehnso price, nt any
time within one year. Full price allowed in exchange
at any time.
9C MA thts week will tv
ou yogr choice of
one or our li Diamond Hlnga
averaging M carat In weight.
T
iCll5
ilfDODOE.
WASHlNOTON. . C. Nov 30, V'or
mer Assistant Attorney (Jeneral James
M Deck, filed today In the su
preme court his brief In the case brought
by the lwls Publishing company to
test the constitution,!!!!)- of the newt
paper publicity law.
The brief dlsctisnes fully the power of
the federal government Indirectly to cen
sor the prexs through the regulation of
the mslls and reviews at length the
struggle In Kngland and America to free
the press Irom restraint and the mann
ing cf the first amendment forbidding
nnv abridgment of the freedom of the
prcy
Mr Heck argues that ss the constltu.
tlon did not expressly give nny power
to regulate Journalism, any attempted
rcgulstlun can only he Justified ns a
necessary and proper means to carry out
soma federal function.
Ho denies that the regulation of news
paper ownership and the enforced public
ity of Its business can be nn approprlato
means of carrying out the federal power
ovitr thn malls.
The brief reviews sll of the decisions
of the supreme court, numbering over
twenty, In which congressional acts
have been Invalidated by the supreme
court for want of constitutional power
lind It Holms that Ihe present law Is
within the doctrine of these decisions
Nntllrlralloii liy Indirection.
Mr. Heck strongly denounces the Idea
that congress can so use Its powers as
to accomplish unconstitutional ends.
This tho brief calls "nullification by In
direction" Rnd It cites the commodities
clause of the Hepburn bill, Senator
lleverldge's child labor bill ond the pres
ent newspaper law as striking examples
of sn attempted perversion of federal
power to accomplish ulterior and uncon
stitutional ends.
After roxMnwIiig the struggle which led,
both In England and America, to the
freedom of the press, ho Hsscris that
such liberty consists not only in freedom
from absolute prohibition but also of ex
emption from any burdensome or un
reasonable lestralnt. Any undue burden
Upon writing or publication or other re
striction of the full right to ptlnt and
circulate Is an abridgement of thn prets
and contrary to the first amendment.
The brief argues that tho enforced pub
lication of a newspaper company's circu
lation and the publisher's creditors would
unduly burden tho power of tip weak
newspaper to compete with the stronger
and In many cases drive the weak nowa
papers to the wall.
Ho further argues that at the time thu
first umendment was adopted the Im
personal dissemination of Ideas was gen
erolly recognised n dlacunslon. Tho
,"L.elttrs of Junius" aru cited, as also
the fact that the constitution Itself
would never have been adopted had It
not been for the federalist paper, pub
lished anonymously by Hamilton, Madi
son and Jay.
Iteatrlcts IlaiQkslii.
An attempt to compol n newspaper to
dUelopi- either Its owners or Its creditors
or to compol It to mark as nn advortlsc
ment matter which It lis published for
n consideration, restricts the freedom of
discussion nnd Is contrary t the custom
of impersonal writing, which prevailed
generally In ICngland and America when
the constitution was framed.
The -brief further urgues that the sp
prffprlotlon of the newspaper column"
to enforce tho policy of publicity, without
compensation, violates the Fifth amend
ment In taking property without due
process ot law,
Mr. fleck argue that tho law has the
merit nt slhcerlty in that It make no
hypocritical pietense to being a means
to carry out any constitutional power,
lie uuotes tlio debute of rongress n
showing that the authors of tho bill,
Senators Bourne and Heed and Itepr,'
sentatlve Henry, llarnhardt and others,
all admitted that the purpose ot the
act was to compel a public dleclosuin of
the ownership of nowspupers Rnd ot the
Influence which dictated their policies.
The supreme court ha specially sM
Monday next for the argument nt this
test case. It Is expected that Robert
C. Morris will oen the rase for the
newspapers, Solicitor General llullltt will
apeak for the government and ames M.
Heck will make the closing argument
tor the newspaper press.
DETEGTIYES AFTER
MEN BEHIND PLOT
(Continued rrom Page Ons.)
beforo explosions caused a loss of $15,000
on the property ot Albert Von Kpreckol
sen lit Indtanupolla In 1909, she was told
by Krneit O, W. liasey, an Iron worker's
union official, that 'something was going
to happen" on jobs where non-union
workers were employed.
"He told me to look In the newspapers
the next day and read about It," said
Mrs. Hawkins.
"In the papers I saw nothing. Then
he told me it did not coma off that night
but to watch thn nest night t did and
about midnight heard the explosion.
Haeey called me up on the telephone
and told me I must keep my mouth shut.
He said If 1 didn't I would be killed."
The witness raid she was shot several
weoks ago while hunting.
MoMantirnl Offered tlrlbr.
Guy Illddlnger, who, as a Chicago
police ssrgrant, accompanied James n.
McNomara and McManlgal from Herolt
to Chicago, after, the dynamiters' arrest,
repeated McManlgal' story that James
U. offered 1,0K to be allowed to
escape.
Senator J K. Kern for the defense
sought to show that Illddlnger permitted
James H. to drink heavily on the train.
The witness ssld a quart of whisky was
consumed.
"J. H. told me It we detectives didn't
take the W000, clarence Darrow would,"
said Hlddlnger.
"We told J. 11. he was wanted for aafe
blowing In Chicago, but he Insisted he
was being taken for the Los Angeles
explosion, lit said it would be tho great
est c ever heard, for the American
Federation of lbor would defend him."
W. J, II am aires Testimony,
William J Hums, beginning his testi
mony, said In the summer Of 1910 he was
employed to Invest'ge explosions at
t'ebria !' and Indiana Harbor Ind.
lib was On h's way from San Kranclscu
t !.os A melts wrsn the Times building
was blown tp and the next djj he was
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'99
wirtr .. XC aWl
air-re
mm
C-i
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Turkish Rocker
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4
only
U0 CASH, H.V WEEKIA'
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Made of American Quarter Sawed
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Brass Bed, Springs and Mattress
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Gentleman's High
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Spring
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Mattress
A 4B-pound felt top
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Has five drawers and hat com
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$2.00 CASH, 50c WEEKLY
$19.75
American Quar
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COLONIAL LIBRARY TABLE
Heautlful and Massive Library Table, of new colonial design. Strongly
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I
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MANS
1414-16-18 Douglas St.
Fuel Saving
" Base Burner
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3. una large sizod
322-75
employed hy the mayor of Angeles
to trace the dynamiters.
Burns neM related how he lost" Me
Manlgal. who msantlma had caused an
other explosion at los Angeles, and libw
James It McN'ainara had "covered up
his tracks."
Afterwards, the witness said, the 'trair
led to the offices ot the Ironworkers and
detectives for weeks watched who "con
nected with" J J. McNamara.
Burns testified that on the day after
the Times explosion he told Mayor Alex
ander of Los Angeles that J. J. Mc
Namara and Olaf A. TveltmOe were be
hind the disaster.
He also raid Tveltmc was behind a
plot to kill htm (Burps), because of
Burns' activity in a San Francisco graft
Investigation and because. Burns had pro
cured a photograph ot Tveltmoa dressed
In the Orison tothes of thn Minnesota
penitentiary nd hd published the photo
I graph on the coast
, il ns reinte.1 this as parts of von
vernations he had with II. 8. llockln.
Burns said he pressed Hockln for "men
higher up" In the plots, saying there
were "bigger men than J. J. McNamara,"
but llockln had said none of the other
officials of the Ironworkers' union, ex
cept Eugene A. Clancy, were aware of
what J. J. did with the union's funds.
Burns said ha paid Ifockln's expenses
in "shadowing" the dynamiters, llockln
was named by McManlgal as an or
ganizer ot the "dynamiting crew "
BOY WITH BROKEN NECK
DIES OF BRIGHT'S DISEASE
BT. JOSEPH. Mo., Nov. Jft-After thing
five months with a broken neck, Harold
Million, aged 14 years, succumbed to
ltright'e dlseate here. He sustained his
Injuries at fluids Rock. Neb.. June 3).
last, when he dived into shadow water
in the Republican river Ftor a lime It
as thought he would recover as he
partly regained the use of his arms and
was first hurt.
legs, which were paralysed when he no concern when the boy pointed iilm out
LOWELL, Mass., Nov. 30. -Edward
Morey died on September l, 1S?3, In a
I drug store here under circumstancea
whloh agree with those related by Mickey
'at Buffalo. At the time ot Alorey
uiam mere was no suspicion that he had
1'tei; poisoned and death was attributed
to apoplexy
Hiokey Says He Killed
anM in Lowell, Mass.
BUFFALO. N. Y., Nov. 30.-J. Fratiit
Illckley, confessed murderer of Joseph
Joseph, the 7-year-old Ltiokawana boy.
and of Michael, Kruck, the New York
newsboy, and the slawer of Ed Morey nf
Lowell, Mass., whom he killed "acci
dentally" by clvlns him an overdose cf
poison in a drink of whisky, was today
identified by Gordon Tltton, the S-year-old
companion of the Joseph boy, as
tho man, who onx October li, 191, the dav
the Joseph boy was murdered, bougit
them candy
"That's the man right there ' cried the
Tltton boy as lie pointed to lilckey, lined
' up with several er-or prisoners. "He
bought mo t' e lemon suckers und the rest
Ot the candy tor Joe) Hi key displayed
ESCAPED PRISONER WHO
MADE GOOD PARDONED
a OLDEN, Colo., Nov. SO.-noscoe She',
don. who escaped from the .State n
dustrial school here four years ago, was
granted a pardon today. He had been
sent to the school as n Incorriglb'e
From Colorado he went to Des Moines
i la., where he married, after having re
cured a gDOd position. He left his wlfo
"and baby In I"ws and came to Colorado
alone to plead tor a pardor
1
Uey to the fcit Jitl)n-Bee Aderuins