THE OMAHA SUNDAY BEE: AUGUST 24, 1913.
7-a:
STENOGRAPHERS ATTACKED
Intruder Ifinda Young Woman Alona
end Then Assaults Her.
FAINTS TWICE UNDER ORDEAL
Itecetrea Cnt on Arm and Uralses
on Ana ui Thront Desk
DrnrrtTM Ransacked by
Unwelcome Visitor.
A man about 3 7 tar a old, smooth
haven ana eomparaUvely well dressed,
wintered Into the office of Field &
8tandlsh, MS Ilamge building, early Fri
day afternoon and Inquired If any mem
ber of the firm were In.
"Ah, then you are alone?" he asked.
Miss Edna Wolr, 2SJ7 Cass street, the
stenographer, admitted that for the mo
ment eho was alone: but she Immediately
assured him that some ona would be In In
a moment, and that If he cared to wait
ho might have a chair. Bho then resumed
her newspaper. The man's eyes wan
dered around tho wall and stopped at
nn "I Should Worry" post card, whereon
the stenographer's name was written.
Ho calmly took a note book from his
coat pocket and copied the name. Then
ho came across tho reception room and
took a seat at a corner of the desk. Miss
Weir's chair was In the corner. The man
smiled at her and remarked, "Tou are a
very pretty girl."
"If you wish to see Mr. Field or Stand
tsh you may take a chair over there,"
and she Indicated several chairs across
the room.
"This suits me." the visitor said, open
ing a desk drawer and looking In all tho
corners. The stenographer closed tho
drawer. The man opened another and
looked within. Miss Weir became fright
ened, as tho man persisted in examining
the desk and leering at her. Sho rose
nnd tried to push him aside and rush out
intp- the halt "Oh, no you don't," th
man said.
En autre In m Strangle.
Then followed a struggle In which Miss
Weir "received bruises on the arms and
throat and a cut on the left arm. In the
morning her throat was still swollen.
When Miss Weir regained conscious
ness all the desk drawers were open and
tho contents scattered about the flow. A
Check for S00 was left. As the steno
grapher opened her eyes and looked about
In a dazed sort of way, the man was at
the threshold of the ddor. Sho reached
for the telephone, but the man stopped
her with a look. He took a step toward
her, and, as the last of her strength
failed her, she fainted a second time.
t This time, when she opened her eyes,
'sho said It' was like awakening from a
bad dream. Blood on the chair assured
her It was no dream and sho saw her
arm was bleeding from a -deep out. Her
muscles were sore and stiff. Each time
she closed her eyes she saw every fea
ture of that man's face vividly portrayed
a picture, she says, that shall always
bo exact In detail and that some day
may be-a means of her Identifying him
positively.
"It was like a nightmare." said Miss
Weir, and were it not for these bruises
but I would know him In a minute. That
sneer I can never forget It" She ehud
dered and lapsed Into sllenoo, staring at
the desk as though recalling the whole
Incident The telephone rang and she
started. Still nervous from her ordeul
and frtm an sleepless night her voice was
tremulous as she answered the call.
Northwestern Hap
All Lines West Using
Oil Burning Engines
The Northwestern line has at tast com
pleted its equipment west of the Missouri
river for the oil burning engines and
every train that pulls out of Omaha for
the west is now drawn by oil consuming
locomotives. The last oil tank to be con
structed was the hugo 6,000 gallon affair
In the Omaha yards.
The engines had been remodeled Into
the oil burning class and tanks had been
erected at all points along the lino for
fresh fuel, but tho big Omaha tank was
delayed In completion and without oil to
start on It was Impossible to Inaugurate
the new system. Oil tanks are now sta
tioned at all division points and branch
intersections along the NCrthweatorn
lines. Some of the points In Nebraska
where tanks are stationed aro Omaha,
Fremont Norfolk. Bcrlbner, Ookdale.
Hastings, long Pine and Chadron.
The officials of the lines west of the
Missouri are Jubilant over the success of
the oil fuel. Coming from the oil fields
In the neighborhood of Casper, It la
easily obtainable and Is more easily
transported than heavy coaL A greater
percentage of efficiency Is realized from
oil than from coal because the flow of
the oil la regulated and It la Impossible
for a careless of oversea)ous fireman to
flood his fuel pipes.
Bpeed can be maintained under the oil
pressure and some experts assert that
oil consuming engines aro faster than
coal consuming.
Tho system Is not a mere experiment,
according to General Manager Walters,
but will bo retained on aU the lines west
or tho Missouri. No plana have been or
are likely to be made, though, with re
gard to equlplng the easaern lines with
the oil burners.
Persistent Advertising la the Road to
Big Returns.
WATER BOARD IS TO BLAME
Heavy South Omaha Fire Lou Duo to
ltd Negligence.
SYSTEM IS NOT UP TO NEED3
Onlr Few Snort Main Bxtensluas
Made In the Last Five Tears
In Spit of the Obllam
tor Contracts.
Tlfiinl tit the Omaha Water board to
make extensions of mains In South
Omaha under the conditions which ob
tained In tho contract with the old water
company. Is responsible for South
Omaha'o remarkable high averago an
nual fire loss Der canlta of W.t. accord
ing to a report made August IS by the
committee on tire prevention of the Na
tional Board of Flro Underwriters. South
Omaha's loss per capita la nearly twice
The report says that flro losses during
tho five years, VO& to WU. inclusive, an
given in tho tire, department records, were
JSU.6S4, of which 4U7.3S5 was on three
peeking house fires, the total losses rang
ing from in Wl to S42,K5 In 130S.
The report says In part:
"There have been only a few short
water main extensions during tho last
six months. Each service to South Omaha
Is practically dependent on a single long
main.
"The city has recently requested ex
tension of mains and more hydrants from
the water board under tho conditions of
tun-ton o, talmng In the contract
with the prlvato company: the board
considers tho old contract abrogated and
Is disposed to make extensions only on
tho condition that the city assumo the
partial cost of such work."
According to tho committee tho water
system Installed by the Union Stock
Tarda company Is reasonably efficient
Water Is taken from wells near tho Mis
souri river and Is tumped to a reservoir
of 4.G00.O3O gallons capacity. Tho stock
yards company has furnished twelve fire
hydrants for the use of the city and. tho
report says, a test indicated that each
hydrant can furnish a reasonable quan
tity of water at fair pressure
The report says that during the fiscal
year, 1311-181?, of 217 fire alarms only one
was turned In over the fire alarm system
maintained by tho Nebraska Telephone
company.
Sertoaa Lacerations
and wounds are healed, without danger
of blood poisoning, by Bucklen's Arnica
Salve, the healing wonder. Only 25c.
For sale by Beaton Drug Co. Advertisement
Impeachment in New York and in Nebraska
WHO
WINQ to the rarity of resort
' 10 ' impcacnmeni 01 pouueut
officers In this country, due
chiefly, perhaps, to their short
fixed terms, which automat
ically removes them soon
enough, , as a rule, tor all practical pur
poses except political spite, the pending
procedure against .Governor . Sulzer. has
reawakened Interest Ih tho Impeachment
and conviction of Governor David .Butler
sf Nebraska.
It Is contended that Governor Sulzer
cannot be legally Impeached at the pres
srit session of the legislature because it
Is a special session and the constitution
of' the state provides that "at extraor
dinary sessions of tho legislature no sub
ject shall be acted upon, except such, as
the governor may recommend for consp
iration;" and of course tho governor Is
lot recommending bis own Impeachment
Tho first constitution of Nebraska
lhat of lSSfr-provlded that tho governor
"may, on extraordinary occasions, con
veno the legislature by proclamation, and
shall state to both houses, when assem
bled, the purpose for which they have
been convened, and when so convened
itmll transact no business except such
is relates to the object for which they
tvere so convened, to be stated In the
proclamation of the governor."
The present constitution provides that
"The governor may, on extraordinary oc
casions, convene the legislature by proar
lamaUon, stating therein tho purpose for
which tlicy are convened, and the legis
lature' shall enter upon no business except-
that for which they were called to
gether' This Is an exact copy of the
provision of the constitution framed by
tho convention of 1S71, which was re
' jected by the people. All the foregoing
restrictions are more specific than the
corresponding restriction in tho New
York constitution.
rtlcle ill, section 16, of the constitu
tion .df-lSSO, under 'ivhlch Governor Butler
was Impeached, provided that:
"Jn case of the Impeachment of the
governor, his removal from office, death,
resignation or absence from the state,
tho powers and duties of the office shall
devolve upon tho secretary of stato until
tuch disability shall cease and 'the va
cancy be filled."
There was no lieutenant under this
constitution. The corresponding provision
of the'Ncw York constitution is substan
tially the same:
"In case, of the impeachment of tho
governor, or his removal from office,
death, inability to discharge the powers
and duties of said office, resignation or
absence from the state, the powers tnd
duties of the office shall devolve upon the
llqutcnant governor for the residue of the
term, or until the disability shall cease."
Immediately after the house of repre
sentatives passed the resolution to Im
peach Governor Butler, it sent a commit
tee of two of its members (one of them
father of Philip Sommerlad, now treas
urer of Lancaster county) to notify the
senate of its action and that It Intended
"without delay to exhibit particular aril
qfes of" Impeachment against him "
1 now quote from my extended account
qf tho' Impeachment In the third volumo
of "The History of Nebraska."
"On tho same day a committee of the
Uoi(s requested the opinion of the
supreme court upon the question. 'Does
tho impeachment of the governor by the
house of representatives suspend htm
from office during the trlair Two of the
Judges Georgo B. Lake and Lorenzo
Crounse decided that It was proper for
the isourt 'to extend such aid as this In
formal expression may give.' Their
opinion was, 'that all the functions of the
governor are suspended and devolve upon
the veeretafy of, state from the time of
U Impeachment by the house of repre
ntattvw and during the trill thereof.'
Judge Oliver P. Mason charaoteriatlcally
fsfustd to respond, holding that a sense
of Judicial propriety forbade the expres
sion of i.n opinion, 'tlnce the question
ii ari. r between parties wfco may be
tome inar Id.mllj Interested in Its deter
mination, and the court then be com
pelled to authoritatively determine tho
question.
"After receiving the report of two Judges
a committee consisting of (Edward)
Itosewater and Duby notified tho secre
tary of state that the bouse recognized
him as acting governor. That officer
then made formal demand upon Gov
ernor Butter for ...all bills, and acts re
maining In his hands. After considering
the demand until 12 o'clock the next day
the governor abdicated his office, and" it
was assumed by the secretary of state,
it was ordained by an. efficient power,
mainly of the North Platte and focused
in Omaha, that Butler should be. politi
cally crippled and In particular forthe
senatorial race. The dissenting Justice,
Mason, was not of Omaha or tho North
Platte. Hia associates were."
The raising of this question as to the
meaning of tho word when Governor
Butler was suspended from office) tinder
impeachment doubtless stimulated the
constitutional convention of 1371 to avoid
dependence upon technical construction;
and it specifically provided plainly that
in case of the governor's "impeachment
to the senate and notice thsreof to the
accused" the lieutenant govemer should,
assumo the office. Tho present constitu
tion provides, even more specifically that
"No officer shall exercise his official
duties after he shall have been IropeacheA
and notified thereof until he shall have
been acquitted."
The fierce factional politics Involved In
tho impeachment of Governor Butler
Probably influenced the convention of
1S75 to take the authority for trying Im
peachments from the senate ostensibly
a partisan political body and give it to
tho supreme court ostensibly not a par
tisan political body except that im
peachments of Judges of the supreme
court must bo tried by the district Judges
of the state assembled at the capital.
The two houses of the legislature musk
Jointly find the impeachments. Under
the New Yprk constitution Impeachment
procedure la the samo as it was under
our first constitution! the assembly pres
ents the Impeachment and the senate Is
the trial court
Tito first of the eleven articles Dt Im
peachment alleged that the defendant
Had collected from the federal govern
ment I16.631.M. being S per cent of the
proceeds of the sale of publlo lands (not
Indian lands aa alleged in some of the
newspapers) within the territory of Ne
braska, and Instead of paying over said
sum to the state treasurer he unlawfully
and corruptly appropriated the same to
his own use and benefit The second
article alleged that the respondent aa
one of the commissioners authorised by
law to procure the construction of a
building for tho state university (not as
a member of the board of regents as
newspaper accounts allege) compelled M.
J McBlrd, the architect of the building,
to pay him the sum of Jl.750 out of pro
ceeds of a warrant for W,7K due McBlrd.
on his contract the respondent refusing
to consent to tho issue of the warrant
until he had received said sum of 11,760.
The fifth nrticle alleged that on August
18, 1639, the defendant became a party
to a contract whereby D. 3. SUver & Sen
were to erect a building for the state
university for a consideration greatly in
excess of the amount appropriated for
that purpose.
In the preliminary investigation by the
legislature McBlrd testified to the truth
of the allegations of the second article,
but he did not appear to testify at the
trial; so that the article was only in
directly proven. A very remarkable con
tract in writing between Butler and Sil
ver & Son was put In evidence at the
trial and it alone sustained the charge
of bribery against Butler, though Silver
testified in Us support
There was ample evidence, besides But
ler's admission, that he did not deposit
the school fund collection In the utate
treasury, but used it for the construc
tion of a dwelling house for himself,
which Is now the property of the Coun
try iIuj of Lincoln. Tho main hope of
the defense was to break, the Xarco of
Oils misappropriation by undertaking to
show that putler secured the state for.
tho sum so misused by a mortgago upon
land owned by him. But it was shown
that ' this pretended security was not
genuine or valid. However, by the act
of March 3, 1873, the legislature author
ised a commission to liquidate and settle
all claims of tho state, against David
Butler on account of this misappropria
tion by taking a warranty deed for
lands In, lieu and release of nil mortgages
agalpst him. Tho proceeds of the lands
so transferred paid the total claim of
the stato amounting, principal and in
terest, to $23,633.74 Tho- legislature of
1SS9 attempted to pass a bill to reim
burse Butler for an alleged excess of
tho proceeds of the land over the
amount due the stato, but It was de
feated largely through tho opposition of
Addison B. Cody, a representative from
Howard county, who argued that in tak
ing the security and releasing Butler the
state had run the risk of suffering' loss
and therefore there was no Justice In
the demand for returning whatever mar
gin there might be to him. The total
proceeds of the lands were $57,635.12, and
the last sale was made July 1, 1(97, On
Juno 1, 1871, tho senate found the gov
ernor guilty on the first article by a
vote of 0 to 8. Tho total number of sen
ators at that time was thirteen, and the
constitution required an affirmative vote
of two-thirds of them for conviction.
The attorneys for tho respondent made
two technical defenses: That the re
spondent could not be impeached as gov
ernor for offenses which he had com
mitted as ex-oftlclo capital commissioner
or for offenses committed during his
terms of office which had expired. I
quote on this point from ray history:
"Mr. Kstabrook, counsel for the prose,
cutlon, following Mr. Marquctt, argued
against tho technical defense of his op
ponents with much force and eld)l, rely
ing largely upon the Wisconsin cose of
Judge Hubbell and the English practice,
which the defense "held had been mode
Inapplicable by tha spectfle provision of
the state constitution. Kir. Estabrook's
Strongest contention was that, even it j
the respondent was already out of the of
fice in which offenses charged had been
Committed, through the expiration of hs
terra, and so could not ba removed, yet
tho Impeachment court was still compe
tent under tho constitution to try him for
these offenses, and punish him by a sen
tence of disqualification for holding of-
flee thereafter. He also contended that
'this same man. David Butler, is still
In tho office which he has held for five
or six years. Ho Is stilt In office, from
which you can removo him.' "
Governor 'Butler was found guilty dur
ing bis third term of offlco of an of
fense committed during his first term
and the verdict was removal from of
fice: so that the contention of tho de
fense was Ignored by tho trial court In
the Impeachment proceedings against
state officers in 193 the supreme court,
which, under the constitution of im,
tries impeachments of executive officer?,
held that respondents who had retired
from office could not be legally Im
peached for offenses committed during
the expired terms. In connection with
these cases Judge SamUel Maxwell re
marked that Governor Butler had been
acquitted upon articles on wblch the evi
dence was stronger than that upon the
one on which he was found guilty.
Even If It should be held that tha
pending session of the New York legis
lature Is regular and therefpro compe
tent to Impeach the governor, there might
be the same uncertainty as there was in
Butler's cake as to the point In the pro
ceedings at which Sulzer should be sus
pended from"offlce.
The famous Nebraska Impeachment
was directed Rgalnst the Nebraska
Tammany, central in Lincoln, of
whieh Governor Butler waa the
Murphy; and the accusing forces were
centralized In Omaha. It was a repub
lican factional fight In the New York
case conditions urn reversed. Tammany
prosecutes and antl-Tnmi,.nr, defends.
r.d it i ie;jiO' lal'c fmnloal f'ctt.
Lincoln, Neb, ALBERT- WATK1NS,
iiuwttHlitMiWtttuMMimmittuiniiiiHiuiiwintmumiuttiiiHdtitii
Mtunaimiuanu
The "SIX"
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Studebaker Standard of Luxury
From the beautifully balanced chassis to
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It is, of course, electrically lighted and
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The auxiliary seats, making ample room for
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The painting is lustrous, requiring twenty
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We use Studebaker-Jiffy storm curtains,
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Gal pm ar dtaiff r er M htm
ton fA yea r eVir6r
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Electric Horn
34 x 4-inch tire
Dcuchablc, DemcunUfclc RIbm!
Extra Rim
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Spcedoraetir
Three-quarter Elliptic Rear Sprints
FuH-floattef Rer Axlo
Silk Mohair Top and Oorer
Ktudebake'r-Jifly Curtains
CkatwvMofl.Vcatilatkg, Rftk-rfefec
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$185 Studehalnr "2S"
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OMAHA BRANCH
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Local DatUerf
rf in 11 is n n' i 1: 11 iir t.i r s mi
JDoYoh
Love
YourWifei
Of course you do -you say..
You'ro happy, doing well
and eho and tho kids aro
happy. Daughtor 12 years
old and tho boy in tho third grade at school.
You aro tho very man wo want to talk to.
Got a Piano? No 7 Well, you don't know what
you aro missing by not having one. Perhaps tho
wife played before sho was your wife. At any
rate you cannot afford to neglect tho childrn's
musical education. Wo can't toll you much in
an advertisement, but we would like to talk it
over with you and show you how easy it is for '
you to obtain one of our high grade instruments
an instrument that will last a lifetime and
which is worth its weight in gold when meas
ured by tho enjoyment you get out of it.
See the August Sale Soaps
You could pick with both eyes and ears shut in this
sale and bo sure of a splendid piano bargain.
1 Stoinway $275
1 Steger & Son $150
1 Hardman $160
1 Hamilton $150
1 Kimball $100
1 Weiler $150
1 Voso & Son $125
1 Voso & Son $100
1 Arion $75
IBehrhig $75
Several used Grand Pianos $250 np.
try HAYDEN'S FIRST
A little Bee want ad does the business.
Everybody reads Bee want ads
Mr. "W.: Tour wrinkle, especially tn
middle ace, are InwcuwUsla and a car
tain remedy for tlirro conalnta In treat-ne
tho ekln thoroughly Ttlth h plain almo
coln cream jelly, catlly road at homo.
Thl I made by pouring; 3 teaapoonfuls
Klyoerlne In H pint cold waier. Into waUh
la then dlsaolved 1 ounce almozoin. Man
aaglns with thla alm&l vegetable cream
Jelly will qulcldy rid the aiun of lln,
Di&ckheada ami wrinkle and when dim
lor luibuy muacle and noliowa wlJ make
the Item firm and imooili.
Sally J.: Your dry hair and dandruff
aia common trouufea which nro very
-aaliy uuied. Try in. loluu whim l mk!
many of my friend havo Used and found
perfect. Ml ona ounoo qulnaout with
ulnt alcohol and ada pint oold water,
ltub this invigoraUnr tonic lno our
acalp twice & week and the haJr-roou.
will tako on a healthy growth. 1 Know of
nothing; m prompt and aura In destroy
ing dandruff and to remedy Itchlne msalp.
ihl tonlo is wonderfully eUmuUtin to
hair g-.owth and should be ued In con
nection with canttuox shampoo. I am
wrlUtur today about canthrox alto, ula
answer to Verity.
Verltyj If you .will keep yoUr ecalp
clean and pliant by occasionally sham
pooing with a teaspoonful canthrox d.
eolved In a cup hot waier, the hair roots
will grow strong and v.goroua, reaultmr
In a head of healthy, beautiful hair. Thli
canthrox, which In easier to me than any
nampoo of which I know, creates a
wealth of white, thick lather that , dis
solves all dust and dandruff and neutral-
zea excess oil. lUnslns leaves tho acaJp
iTjfu"1 X c,en and hair dries
rapidly, with a rich, even color and la
ever so fluffy and brilliant.
.aymd:v. I know a harmless fat
reducer that works rap dly and which
"""lf f my too havy"frfends uXto
i"fm ? naJ weight, liuo IH
Pints hot water put 4 ounce parnotls:
f .t,ia,E.fWhen co0 and . tafilespoVi:
-r v liivau uuui w o Hill is urri
v . . v ivuLurcH no diet
Ing or violent exerclee uM restores tho
figure's symmetrical lines, and after your
weight Is whero you want It, tho flesh
will bo firm and tho .skin freo from wrlu-.
kles.
Bebe: Your yellownets arounA nhtn nt
nsolc and general "ill-gona" resting mean.
Mint your uver requires a regulator anil
I would suggest a plain kardano toato.
Thla Walt olnanaa ih hlnwl and trl-v nn
- - - w.vwv. vm.w WH
and strength to the Uver and kidneys and
aitlon you will be free from bilious at
tack, obstinate headache, and tha palna
In small of back and .groin. To prepare
this tonlo put 1 ounce karuens Into ft pint
alcohol (never use whlskeyj, then add hb
cupful sugar and hot water to make a,
quart. The dose Is a tablospoonful btforo
meals. The kardene tonlo is excellent to
clear the skin of pimples, blotches and,
sallowneis and its Umsly us frequonUy
saves doctor bills.
M. Williams: I do not know how your
eyo trouble may be caused, There ar
K?1 'V0"8. Y'hlch TO'tWit make then
dull, but I do know a certain way to tone,
strengthen and brighten Uiem. To r
lleve the redns and sootho. the eye
strain apply the follwlng tonlos Drop
Into each oye 3 or I drops dally of a o'ra
ple preparation made at horns by dissolve
!niai'.VIlc,.of ct7etoe ln a J'nt of water.
This will relievo Inflamed lids and bau-
J,',riJmdbr,8h,.en tn e7 ,tB0lf- Abso
lutely oafe and Inexpensive.
Eleanor": Tho girl who laughed at you
"make-up" must have had Mma fltUo
ffu.MJf.Mt- Mo fa"e powdlra lv
that art ficlal look. Hesldes. they rub ott
9 '"y nd do damage to senrtlva
skins. iSert la a formula which I f'nd
has met with wonderful success. Dis
solve four ounce of purmox ln U nlnt
Ine. Apply this lotion to face, neck and
arms and rub unUl dry. It whitens the
eemlng really a part of the Hn
&a d"E, low ai ve"vet?
Skfn"b "emUh'es" ft ""o of all
tl.Dement0ah B'aUtjr Bok' --Aaver-
COAL
READY FOB
DELIVERY
Sst nsi rifur with yon on 70U
winter' coal. rrtWy mined 00 si
arriving- dally. Hummer prices
now in force.
Rosenblatt's
1 Goa) Go.
ToUphon SougU 53a
KODO THE WONDER
One appllcaUon will remove that un
pleasant odor and stop sweating feel or
other parts of tho body. Do not despair
because you havo failed to get relief
from nostrums, but tnd 50c for a reg
ular dollar slse. bottle. If not satisfied
with results In 10 days, on return of bal.
ance unuied bottle will refund amount
r-'d nDlan Cbm. Co.. 800 Bouth
Washington street, Denver, Colo.
Office For Rent
The large room on ground 8
llo or of Bee Building, oc
cupied by the Havonn.
Wliite Goal Co.
Nice Farnam street front
age. About 1,500 square
(eet of floor space with
large vault. Extra ea
trance from court of the
building.
Fine office fixtures art of-
fercd for sale. Apply to!
N, P. reu. Bee office