4-A
THE OMAHA St'NDAY IJEK: MAY 11. 1913.
FORBID ARBITRARY TAX LEYY
Held Counoil May Use Discretion in
Water Extension Charges..
LAW 'DECIDED CONSTITUTIONAL
Clr Conmililiinrri, If Thr- PI nil
1'roprrtr iWmctk Will nrrlve
SIIrIU Ilrnrflt May l.raurn
AmirKoiiir n t k.
Judges Troup, 1Cnri'&r.Mil lr of tl-?
district court yentenlaV hM tttt Ui
city council new as?ss m;alrmt atlJucAnt
property only ' such imrt of the coil of
extending watqr mains as oorresirand to
Uio benefits derived by the owners, tlw
court ruled that the commtiwloners nerj't
not charge 60 .cents 'u front f jot nKalhilt
adjolnlntt property, though ti e law has
been supposed by. the '"Omaha Wntor
board to mean this.' , !
The Judges dcoldod that the -legislative
act on which tho Wnter board buss it!
Clnlm Hint nrlljlnant tlrnharlv' nnji
taxed for part of the cost of exteiuliui
water mains la constitutional.. Th de
cision was read by Judge Trodp, tllo ilirtf
judges sitting en bana. , i
Demurrer Overruled. 1
A demurrer by the felty to tho 'Wutcr
board's mandamus sultUo edmpcl the dty
commission to aitsrsB the cost of extend
Ing a main In district No. 2 In the vicinity
of Thirty-ninth and Uewey avonuo wus
overruled, constituting a partial victory
for the Water board.
It was a qualified victory for tho Wiitor
board because the Judges ruled that
though a writ of mandamus should Issue
It should not compel tho city commis
sioners merely to ult as n board of
equalisation arid levy thn cost of tho ex
tension as certified by tho board up to
to cents a front foot, as asked by tho
board In Km test suit, but that the rlty
council first must asxesi tho proporty
owners with rcforenco to tho benefit re
ceived by them and then sit us a board
of equalization.
Tho court held that tho city council
must not bo deprived ,of the, privilege of
determining tho amount of . a charge,
against property for special Improvement
according to ths benefit derived by .the
owner, that It lsnot obligatory on "tli9
council to ussesir tho wholo -amount de
manded and that If a drflclt ox'sts
through falluro to nsscss tho SO cents a
foot allowed by law It must bo paid by
the water fund us well nfl tho excess of
cost over tho 60 cents u foot.
Deputy City Attorney Iumbert, taking
advantago of this ruling, scoured' tho con
sent of the Judges to making the writ of
mandamus read that the city council will
bo required to take action In regard to
an asscsment against property rather
than It must make an assessment, on 'he
ground that it may find that there Is no
benefit on Which: to base a chargo agahnt
pioperty owners..
"I'nder this decision." said City Cor
poration Counsel lien H. Baker, "tho city
council of Omaha will have power to pan
on tho question of benefits to Omnha
residents and tho councils of Houtn
Omaha and Flprcnce will have to pain on
tho question lnthelr. jurtsdlotlon, , after
tho metropolitan wnten. district ,lw, bi'
tunic euccuve, wnicu is not until July..
"I maintained in thU . case ahot ha
Water board could mako ho ivssessmirt
whatever under; the .statute, ns worded,
According to this1 de'ctiilpnsUoh lissnju.1
ments may be'made for benefits, tali not
o exceed 60 cents per front 'foot, ft tri
benefits aro shown' 'lh 1A'Vntv 5S' ,1.
per front foot ;thM J unbuilt "can bo
l)scssed against; thp'f rupgrfyrvl ' " "
Mnv Nrir'Aii'nVnlll ' '
Judge Baker said ho dtd,jmt .believe tho
case would be appealed. Tho decision,,
ha said, In no way effects the resolution
of Councilman Thomas McUovern, direct
ing tho city legal deportment 0 Institute
Ugal proceedings to test-tho authority of
the Water board bn qUier jimtters, nnd
to compel tho water corrimlssiorter. to-mako
periodical reports to thq council pf'tho
financial condition of -tho' water plnnt.
Tho court said that it, must presume
every act of tho legislature constitutional
unless tho law could not bo construed in
accordance with tho fundamental law of
tho state. Tho decision quoted the su
premo court of tho state to tho effeot
that the courts aro not critics of yie legls
laure. It also said tjie law couid not bo
nullified merely for apparent Injustices'
worked by It, unless they clearly camo
under tho ban of tho constitution.
To Tax tin llrmfl(a.
Tho court found that tho Importnnt
Issue was whether the cpUncll was re
quired to tax charges according- to cost
Instead of benefits. It found two prime
reasons why the council under tho law
Is allowed to make the charges accord
ins to benefit, because the statute pro
vides that the council shall "assess"
property owners to pay for extending
water mains, the legal meaning of "aa
Bess1' being to dlstrlbuto charges accord
Ins to benefits;) and because thcro is
nothing In tho. statute which forbids such
JOHN A.-SWANSON, President
Wonder Clothing Valuesr Better Styles
An Amazing Variety at $10, $15, $20 $25
JNVESTIGATE our new way:oi clothes selling
study it from every angle. Measure ' the Greater Nzbraska's
usefulness Jo. you by the remarkable vlties offered. Spring suits
the season's smartest models :ailored by Rochester, New York's
best journeymen tailors. Especially selected fabrics, bought direct
from the mills. Actually $5.00 to $8.00 more
a proiedi're th presumption then being
thit the council's action must be accord
ing tn the constitution.
i Con ne 1 for the city had contended that
1 the owrntlHi ef the taw would place
j many difficultly In the way of the city,
I but the Judges raid none of these hard-
ships was o area 1 that It could not he
removed by a cUav understanding of the
law. It was expMirefl that any deficit
left by . failure or council to awwii W
rents a foflf iifralnst property must he
paid by tlM- water fund, though thn law
merely says that the excess over 60 cWits
idMll be paid by this', fund. The iKilrit
that the law provides no opportunity for
Immediate pnjment of the whole tax.
hut. leaves tho Implication that It must
be 'paid In Installments, with interest, '1
Uiaeburt dlsjjosed of by rmylng that Im
mediate payment Is not forbidden, hut
Hint It speelflenlly nullifies nny such
im-finlng If. the statuto Is Interpreted
otherwise by any person. '
Water Board Has
Plan Which Makes
Some Men Laugh
"Hero la a somplo of what 1 call very
poor management and financing," sold
a business man who wrh (.cunning his
last monthly water bill.
"You see," ho added, "our place has
consumed, according to thU bill, 13,600
cubic feet of water In tho month. At
tho rato of 16 cents per hundred cublo
feet our bill Is J1D.CS. Now, hero' li whorp
the funny part comes liu iliidino used
1C.O0O cubic feet of water jur bill would
actually have been loss. -It fomes abou't
In thta way: Consumption of l"4.X draws
a rato of 11U cents, as against the 16-cenJt
rate for less than ttjat, or l3,r.') which wo
used.
"In other words wo might ;st 2,600 ctlblct
feet of water rfin'thTotrgh our plpes' ns
waste sheer waste anil .fcnt. tho reduced
rato and tho reduction In pur aggregate
account."
And ho laughingly said ho didn't know
but he would Instruct his manager to see
that at least 3,600 cubic feet of water was
wasted ut their placo each month.
"That Is what they call good manage
ment," tho business man exclaimed In dis
gust "That Is what our expert water
boss Is hnndlng us, Is It? Wrll, suppose
I and overy other business inim similarly
situated should waato this amount of
water each month to got tho decrease,
what would happen?
High School Lads
Lose Their Debate
Eloquonco of tho Omaha High school
dobatcrs failed to win tho debute will.
filoux City Friday night at tho Iowa city,
anu tno judges decided in favor of the
home team, giving them possession of
the trophy cup presented by W. II. Beck;.
The trophy becomes tho permanent pos
session of tho Sioux City High school.
"Itcsolved, That tho Commission Form
of Government Hhould Ho Adonted iv
Cities in tho United Mutes."
. bloux City upheld tho affirmative, rep
feccntod by .Mux . Hamilton, Itaymond
Cavcrly and Paul Tuylor," with Berkeley
tlShacl as .alternate, w)illo the negative
WW chutnolpnod by Omaha wltij Barney
K'ilakofsky, ISarl Octcham nnd' Perey
DaUcll, with Kurt Tlcknorus alternate,
Tho decision of tho 'judges .was Unanl
.mdus. ' J
V,M. Q. Clark, superintendent of schools,
oiuui uuy, acieu ns cuairman ot the ue;
bate, while U. 8. Corin of Wnviw. Nh
,8tato Norinul school ; C. V. Oarrott, su
perintendent of schools nt Sao City, and
u. u. Liyons, prnicssor or publlo speak
ing of tho University ot South Dakota,
acted ns Judges. Before tho debate the
atrU' Glee club gave a fow selections.
Uncle' Joe Suggests .
Place-for Monument
"Tou Just tell them that 'Uncle .Joe'
says that that niouumout to our Indians,
which General Webster wants us to build
should be located up In my purt of town,
'wlicro tho Indians used to bo when wc
pioneers used to he, and whero they had
their Indian burial grounds." It was
"Uncle Joo" Redman talking.
"Thcro were three lots saved out of
the Poppleton estnto thut would bo Just
the thing, right where the sulphur
springs are. But If that Is too far out ot
the way and tho monument Is not to
mark the spot whoro the Indians actually
were, then It ought to be put up In our
new court Iioubo grounds, whoro every
one can sea and admire It. The tilth
school grounds aro all right, but 'there Ik
no-reason for putting such a monument
there, whero It will bo seen only by the
young folkB, nnd not accessible to as
grown people at all."
SfefWiO; I
solid worth in spring suits. A wonderful show
ing at
$10, $15, $20, $25
YOUNG MEN'S
Spociul Stylos,
values 'tlii? talk of
tho town, at,
STOUT MEN, tall
men, short men
and 'Qxtra isizps.,
oxtrao r.ilinary
suit values, ,
$10, $15, $20, $10 to $3S $10 to $30
iOMM swansow... juvimn ii 1 1 1 i'i 1 1 Pmm
oUUUKirr AhPAKEL FOR.
MEN SLATEDJOR THE JOBS
Harley 0. Moorhead to Be Named for
Election Commissionership.
GREEVY MAY BE ASSISTANT
llliranr linn- It tbnt 4. II. (IroMmnn
Will lie; Appointed In JnilKeshlp
JMnile A'ncmit by Ken
nedy's llrnluniitlnn. '
Harley O. Moorhead will be appointed
eleetlon commissioner of Douglas county
by Governor John It. Morehead, and Mat
J. Greevy will probably be named his
assistant, according to statements made
by the governor at a conference with
Mayor Dahlman and other local demo
crats last night.
Jbhn II. Grossman probably will suc
ceed Judge-Howard Kennedy on the dis
trict bench, although the governor sold
ho was also considering tho advisability
of appointing County Attorney James
English.
"The governor said ho considered Har
ley Moorhead boat fitted for the plaee
and was favorably impressed with him,"
said Mayor Dahlman, "but ho did not
stuto outright that ho would bo appointed.
In my opinion he will be named for the
poiltlon.
"A republican must be named for chief
deputy to theTelectlon commissioner, and
Governor Morehead declared he would
nnmo n real, well known republican. He
asked about Mat Greevy, and I told him
that I considered him thoroughly quali
fied by experience: for tho place. The
governor seemed, to favor him, although
ho said ho liad nm) given the appointment
of, an assistant very much, consideration
as, yet." ,
J,udgo Howard Kennedy will 'leave tho
bepch some time between tho 16th and
laiit of this month. HO goes to tho State
Board of Control nt tho nurno valary ho
Is now receiving, 13,000 a year. Gross
man was a member of tho last leglalu
ture, serving In the senate.
Tho salary of election commissioner will
be 13,000 a year, and of the assistant $1,600
a year, tiiq offlco carries with It power
to redlstrlct tho election districts of the
city and county nnd to appoint the
Judges' and clerks of election.
Governor Morehead had announced his
intention to name a man not connected
with local political factions to any ap
preciable, extent. Moorliead'a appointment
will meet with the approval of tho mayor
and tho majority of local democrats. V.
J, McSlmno wus talked .of as being a
candidate but ho says ho did not mako
application for tho office.
Persistent Advertising is tne Itoad to
Big Returns.
GIYES PICTURE
OF IDEAL CITY
(Continued from Pago One.)
energy and homo pride ot officials and
citizens generally.
One Step to lie Taken.
.' ''As oho step to lead toward that Ideal,
the Power, to excess condemnation must
be Becured for tho city. Tho problem
Is now being fought out In the courts ot
the oast and somo cities already have
It. The power of excess condemnation
will give the cfty the right to condemn
property around a park or boulevard, or
wherever an Improvement Is being mode
It CUn then roplat and tlx up that
prpperty and sell It tor Its Increased
value. By this method the Improvement
can bo made, tho condomned property
paid for at what It la worth and the
people nil around tho Improvement will
be benefited not only financially through
the enhanced valuation-of their property.
but will also have better Uvlnit conditions
and a moro beautiful city.
Have, n Plnn.
Mr. Bartlott suggested that, Omaha fur
urp out a city' plan and havo that plan
at; the city hall whero unyona wanting' to
open up a subdivision or erect a building
could go there and find whether or not
his plans conformed with the general
city plan. If It did not, then ho would
not bo allowed to lay out the subdivision
or erect the building.
' Ho described Omaha as bring of Ideal
slo lor the beginning of the city plan
nlng movement, "You will ::rd that If
you will wait until later years that there
are buildings to bo torn dotvn that cost
vast amounts of money, and ether things
already constructed to bo dono away with
because they conflict with the delayed
city plan.
"Begin planning now," he said. "Have
the vision In mind and let all your future
activities work toward Uie realization of
that vlalom Some day tho power of ex
cess condemnation will be held by every
city. It Is bound to come, and when you
get It you can do anything you want to
do. Thero utq. always pooplo who oppose
Increases In taxation, and the power of
HOLS5MAN, Treasurer.
BLUE SE11GE
satisfaction is
yours in. "Color
exclusivo
Kiaio
hero
MEN AND WOMEN
tX'-esa condemnation will tend t do away
with that to a satisfying extent '
Mr Darttett favors municipal owner
ship of public utilities and pointed It out
tui a means of raising money for beauti
fying the city.
Posthumous Son
Is (riven Judgment
A INK WORTH. N'eb.. Mnv MA t.r.
diet of 15.600 In favor of I.yln Hdward
Hoach was returned against Joseph Wulff
ami Chailes I. Day. Ing Pino saloon
keepers, and the I.lon Bonding company
of Omaha, and the Bankers' Surety com
Pny of Cleveland. O.
I.vle fldwurd Itoach was born In -February,
1812. and Is the nosthuinniia min
John 1. Hoach, who wns killed on tho
track of the Nortliw. stern railroad be
tween Long Pino and Alnsworth on the
night of July A, 1911, while In a drunken
condition brought about bv Imlulcnne. in
Intoxicating liquors In the saloons of tlTa
ucrenuuuts. i
Shnrtlv after Tlnn
, u umui nuik tviio
brought by his widow for Mm limmflf Xt
herself and daughter, and In
1911, sho recovered a verdict of 15,000.
After the birth of Lylo hoach, about
seven months after tho death of the
lather, tho second suit was brought.
J no plaintiff was represented by M. P.
Harrington of O'Neill: II. M. .Tnhnn. f
Oniaha, and John M. Cotton of Alns
worth, nnd tho defendants by Judge
Kttchlo of Omaha, and J. A. Douglas ot
Bnisctt.
EPISCOPALIAN ASSOCIATION
CONCLUDES AT HASTINGS
HASTINGS, Neb., May 10.-(Sncclal Tel.
granr.) Tho twenty-thlrd annual conven
tion ot tno episcopal church closed last
night with confirmation by Blshon
Ilcccher. Alliance was chosen ns the nlnrn
for tho next meeting. Hev. George Ware of
We Store,
A New Department. Phone
This Homefuroishing Store is for the
Service of the People
PHE supremacy of this store in value-giving and service is daily shown
in the wonderful development of this great organization. The thousands
of homes furnished by us is the best expression of the value of this store to
the people of Greater Omaha. And "Your Credit is Good" as usual.
COTTAGE OUTFITS
$4,50 Cash; $3 Monthly
S6.75
For a Splendid
REFRIGERATOR
Mado of hard wood, miner
al wool filling, galvanUed
Iron lined. A positive ico
aaver.
45
QQ nr Fob This $5.50
Ou.OU Folding Go-Carl
Just like Illustration, upholstered
fabrlcoid leathor.
1
86.75
For This $10.00
Felt Mattress
A splendidly mado
mattress, made by a
patented felting
process, soft and
comfortable, has
high grade ticking.
Alltanre. as cleri-al delegate, llev V.
Chapman of .North Platte, as alternate,
nnd U A. Horth of Grand Island, as lay
dulegate. to the National convocation In
New York, were elected.
The convention was the targtsst ever
held In the Kearney district.
MAYOR OF BLAIR TAKES
OATH ATHIS RESIDENCE
BLAIlt, Xeb., Many 10.-(8neclal.)-Mayor
D. Halter, who was taken to
thj! Omaha hospital some weeks ago, suf-
ferine With A hcmi.rrli... I. .1 1.. ....
...... -. .. ...u. , in Biu.viJ nil-
proving nf Ills home here. Ho Is able to
uu up aim mound the house n greater
part of tho day.' but it Wilt Itn anma
time before ho can rokumn o,..i.,..
to the Illness of Mr. Haller, tho new
city council wns not sworn In until
tho. regular meeting on Tuesday evening.
'HaHcrtook tho oath of office at his
rosldiShce after, which ho made hl nn.
(PolnUnonts and advised with the council
rov'er tho telephone.
PHONE BUILDING TO BE
OF HASTINGS MATERIALS
HASTINGS. N'eb., May 10.-(SpccIal Tel
gram.) The Lincoln Telephono nnd Tele
graph , company today announced plans
for the erection of a two-storv tmilrilntr
hero to be made entirely of building ma
terials made. In Hastings. It will be com
pleted about September following, which
time the Boll and Independent plants will
bo consolidated as speedily as possible.
liTir-'h Ilurnn llnrlnnxc,
CIjAUKS, Neb., May 10. (Speclal.)-The
members of tho Congregational church
held n Jubilee anniversary Friday even
ing, celebrating tho clearing of a J500 debt
which had rested upon tho church prop
erty. Rev. C. J. rtlvcs Is tho present
pastor of tho church and It Is through
his untiring efforts that tho debt was
liquidated. At 5 p. m , a supper was
Iwe mi
Jnit Xilke Xllnatratlon.
$7.50 For This Massivo
t MIS
Liurary laoie
Exactly like illustration and an
value. You will notice from the
sively constructed, in the modern colonial
stylo now so popular, has a large top, in
visible drawer, highly finished In American quar
tered oak. Has piano polish. Truly worth $12.50.
Special: Terms, 75c cnfili, 75c monthly- ........
SPECIAL
5 Scotch Brussels Rugs,
9x12 ft., sale price
SuO Royal Axiulnstor Rugs,
aeop, ncn pne, sale price
50c Floor Oilcloth, per yard ooa
In
widths, special, por pair
TEAMSTERS!
Large Wagon UMBRELLA EA
Worth $1.50 .... WWC
Union
irtfittingC?
OMAHA
S.E.COR.I6TH6vJACKS0N STS?
CONSOLIDATED WITH THE
erved to the public and addresses made
by W. It Morse, Mat Koewer And Itev
Mr Ittves. Immediately following the
addre&on the mortgage whs burned In
the presensc of the assembly.
HASTINGS CITY COUNCIL
IMPOSES LIGHTING LEVY
HASTINGS, Neb.. May 10. -(Special Oxi
gram.) A special committee of the city
council has recommended that a levy bo
made for street lighting and water for
fire protection, a burden, which thus far
has been carried by private consumers.
Following favorable action by the coun
cil, the electric light nnd power rates
will bo reduced 25 per cent to a scale
which may be the lowest In the state.
BREEDE SENDS BEAR
AS FOOD FOR FEAST
HASTINGS. Neb., May 10. (Special Tel
gram.) Adam Breede, editor of the Hnst
Ings Tribune, has sent from Plains.
Mont., a large bear, which he shot this
week near that place. It will be pre
pared for an Klks club feast, to which
Grand Island Elks will bo Invited. Mr.
Breedo has returned to tho hunt In tho
northern rockles.
Tnlilc Itovlc Notes.
TABLE nOCK, Neb.. May 10.-(Spcclal.)
Mrs. T. J. Hawkins, well known In this
county, died at the homo of her daughter
Mrs. Whltford in Falls City on Monday
Sho wns tho widow of tho late T. J
Hawkins, nnd was aged about Co y?ars
Bho was a sister of Hon. J. It. Ervln, who
was senator from this senatorial district
more than a quarter of a century ago
Tho Interment was In tho Pawnee City
cemetery.
The addition to the Christian church at
Elk Creek wns dedicated Sunday morn
ing, a largo audience being present
Evangelist Whlston. who conducted a suc
cessful meeting In Elk Creek two monthe
Pack Household Go
D. 1800 for Full Information.
Colonial
i$)
exceptionally fine library table
true illustration that it is mas
RUG VALUES
full seamless, size
$7.98
size 9x12 ft.,
$19.75
pX.ii
Look! Look!
PEOPLES STORE.
m i
$7,501
slnt-0, was master of ceremonies -assi'ski
by the pastor, Hev. Mr. Hubbcll
Phelan and Shirley
Buy More Property
Kd Phelan, one of the purchasers o!
the Senator Millard property at Twenty
fourth and Farnam streets, has .bought
a lot 97x133 feet at Farnam street wher
Twenty-second street should tun through
from J. J. Boucher, paying ll.JW. An
other lot owned by Boucher on Thirty.
sixth street between Dodge' and Daven
port streets was bought by" Phelan with
the Farnam property. He suld the deals
were made as Investments.
Phelan nnd Michael Shirley recently
bought from ex-Senator Millard the lot
on Twenty-fourth street extending from
Farnam to Harney street. It was given
out that the price was $160,000, but In
siders say the actual consideration was
about 1136,000.
CADET ENCAMPMENT IS TO
HAVE REGULAR ARMY COOKS
The Omaha Hhlgh school cadet camp
will bo at Missouri Valley this year and
an assessment of 14.60 will be made on
every cadet gctfng to camp. This sum will
pay for his train fare, rent of tents and
food, so that no: cadet need spend a bit
more than this amount.
Army cooks w1ll take charge of the
commissary department, Insuring not only
good mess, but jitcnty of It. CAPtnln
Strltzlngcr Intends to have entertainment
for the cadets furnished Inside, the camp.
Ho alBo expects to' borrow shelter tents
from Fort Omaha. Insrcad of renting thn
regulation sire ns In former years. Even
though the cadets aro eager to save as
much as possible on camp expenses. In
order to get n rlflo range next year, they
do not care to sacrifice their targq tents.
Persistent Advertising Is the, itoad to
Big Beturns.
3-R00M OUTFITS
7 9
S7.50 Cash,S4 Monthly
SIO7
For This Hand
some SI 7.50
Turkish Rocker
Exactly like Illustration,
upholstered thro u g hout
in fabrlcold leather.
9
For an Excellent
$15 GAS RANGE
S9.75
rr WHJ
W '
id
Has two large burners on top and
good sized baking oven. Many pat
ented features.
010 7 IT For This Massive
UIU. 0 $30.00 BUFFET
Just like illustration. Made
of solid quarter-sawed oak.
l