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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Oct. 18, 1913)
IHE BEE: OMAHA, SATURDAY, OCTOBER 18. 1913.
ttEB. GITY RECALL WILL STAND
Supreme Court Kales Proceedings
Against Mayor Regular.
KEARNEY LIGHT BONDS INVALID
T)rcllnn Itenrhrtl Tlmt Amrnilril ;
Charter nn KxtMrd nt Tlrar of I
Election Most fJorrrn Cnnr
Rnllrvnr Compnnr Win.
(Frotn n. Staff Correspondent.)
LINCOLN, Oct. 17. (Ppedal.)-The su
preme ourt handed down several opin
ions tod a j- anions them the Kearney bond
case and the Nebraska City recall cane.
In the- foror the court holds that the
lighting bond election was Illegally held
and In the latter that a recall may be
Another case was a nappeal from the
district court of Gage county on ap
plication of Henry Burroughs for a net
trial. Burroughs was convicted of bur
glary having entered a Rick Island
freight car and taken tlterefrom ten
sacks, of sugar to the value of 161. The
nppeal was taken on the construction of
the law relating to arraignment of tho
party arrested. The court revises and
romands the case back for trial.
Opinion In Kenrney Case.
On February 14, 1912, the mayor and
council of the city of Kearney submitted
to the electors of the city a proposition
to lssuo bonds of the city In the sum
of $10,000 for the purpose of raising money
for the construction of a municipal
lighting plant. Their were 1.0M votes
cast of which 618 were In favor of the
bonds and 8 against. The council de
clared the bonds carried and they were
Issued, registered by the state auditor
cind delivered to the state treasurer when
n, temporary Injunction was secured
against further progress. Ahearlng wm
held before the district court of Buffalo
county and the Injunction dissolved. The
case was then taken on appeal to the
supreme court by the plaintiffs who at
tack the legality of the election, and,
also sot out that It requires a three
fifths majority vote to authorlre bond
Issue, according to the city charter. The
supreme court holds that the amended
charter as It existed at the time of the
election must govern and this not having
been done the bonds our Invalid and
the decree of the district court la re
Vised. Nebraska City Uecall.
In the Nebraska City recall case the
opinion Is written by Judge Letton and
concurred In by the entire bench. Pro
ceedings were brought to oust James O.
Houston as mayor of the city. Houston
was elected as a member of the city
commission In April, 1912, and was sub
fieauently selected as mayor by the mem
bers of the commission. On Maj10, 1S13JH
a petition for his recall was filed Tho
clty clerk certified that the petition con
tained 80 per cent o fthe lesal ovters of
the dty, as required by the Banning act,
bit the 'council of wh.lch" Houston" warf
a member, declined to call the election,
claiming the petition tnu' Insufficient!
A mandamus suit was brought by1 Paul
8. Topping, who waB the 'candidate for
mayor against Houston, and the. district
court Issued h. writ directing the oouncll
to call the election. Houston appealed.
The supreme court holds that there are
only two real Issues to the case, one
being the sufficiency of the petition and
tho other whether tho petition contained
a general statement of the grounds for
Houston's removal, both of which the
court holds sufficient
Chnricci Against UouMon.
The charges aguliut Houston were that
he was grossly extravagant with the
-funds of the city; manifestly partial,
prejudicial and malevolent In exercising
the prerogatives of the office, Incom
patibility o ftrmperament and a few
In1 closing the court says "Whether the
best public policy Is subserved by the
statutes In Its picsent form Is for the
legislature and not the court to consider."
Street IlnlliTny Winn.
The case of Ella Kelley, executrix of
tt)e last will and testament of George E.
Bradford, killed by being crushed bo
tween an electric motor car and a freight
car on the tracks of the Omaha & Coun
cil Bluffs street railway at Twenty-second
and Nicholas streets In Omaha, In
which Judgment of 17,600 was ffsked
against the company, the' lower court
found for the company and the case was
appealed by the administratrix. The su
preme court sustains the action, of the
lower court, which found that Bradford
vras himself responsible for the accident,
going between the cars atfer being or
dered to "get out of there" by both the
foreman and motorman.
Following are the opinions filed:
.Young, against city of Broken Bow, re
versed and remanded with Instruction to
enler Judkment of reviver. Fawcett. J ,
Hamer, J., concurring separately. Let
ton, J., concurring In part separately.
Rose, J dissenting. Sedgwick, J., dls
renting separately. Reese, C. J., not sit
Qilllgan against the John Gllllgan Co..
affirmed. Lclton. J.; Hamer, Sedgwick
arid Rose, -J J., not sitting.
Randall against McClaln. affirmed.
Fawcett. J.; Sedgwick. J., dissenting.
Klne against Krenek. affirmed. Reese.
C. J. Luton, Hoj-o and S;dgwlck, J. J.,
Jheoby agntnst Prudential Insurance Co.,
of OmerlcB, affirmed. Barnes. J.J Let
tori. Roso and Sedgwick, J J., not sit
iMy of Albion against Roonc country,
affirmed. Fawcett, J.; Ictton, Rose und
SJgw!ck, J. J., not sitting.
Village of Cedar Rapids against Boone
county, affirmed. Fawcett. J.; 1-oUon.
Kese and Bedgwick. J. J., not sitting.
Village of Petersburg agalnct Uoone
county, affirmed. Fawcett, J.: Letton,
Rbse and Bedgwlck. J. J , not sitting.
Village of SL Edwards uBolnst Uoone
county, affirmed. Fawcett, J.; Letton,
Rose and Sedgwick, J. J., hot sitting.
Kelley against Omaha & C. II. .Street
Railway Co.. affirmed. Rose J.; Barnes,
Fawcett and Homer. J. J. hot sitting.
Hall against the Ciawford i Co., af
firmed. Hose, J., Barnes, Fawcett
Hamer. j. j.. not sitting.
Walker agalnrt Hoken, reversed and re
manded with directions to enter a decree
foreclosing tho mortgage In accordance
with the prayer of plaintiffs petition.
Reese, C. J.: Letton. Roso and Sedg
wick, J. J. not sitting".
D&vlse against the American Invest
ment and Trust Co., affirmed Barnes.
J.; Letton. Roso and Sedgwick, J. J., not
Johnston ngatnst tho Indiana & Ohio
Live Stock Insurance Co.. reversed and
remanded. Rccso, c. J.; Sedgwick, Roso
and Hamer, J. J., not s'ttlng.
Conservative Ufe Insurance Co. against
Boyce, docrce of district court reversed
and action dismissed. Reese, C J,; Sedg
wick, Rose and Hamer, J. J., not sit
ting., Bentley against Hoagland. Reversed.
Letton, J. Sedgwick, Hamer and Rose,
J. J.. not sitting.
Armstrong against Bates. Affirmed.
Rose. J. Reese. C., J Letton and Faw
cett, J. J., not sitting.
Armstrong against Griffith. Reversed
and remanded with directions. Hamer,
J. Sedgwick and Rose. J. J., dissenting.
Mensinger agnlnst Alnsworth Light and
Power company. Affirmed. Rose, J,
Reese, C. J., Letton and Fawcett, J. J.,
Halgren against Becker. Affirmed.
Reese, C. J. Hamer. Letton and Sedg
wick, J. J.. not sitting.
Myers against Persson. Affirmed. Rose,
Jr. Letton and Fawcett. J. J.. not sitting.
Brownfleld against City ot Kearney.
Reversed and remanded with directions
to reinstate causo and enter a decree
rendering the injunction perpctuaK Reese,
C, J. Fawcett and Letton, J. J., not sit
ting. State against Several Parcels of Land..
Seaman W. Hobertscn. Affirmed.
Barnes. J. Letton, Rose and Sedgwick,
J. J., not sitting.
Mack against Mack. Affirmed. Faw
cett, J. Lotton, Rose and Sedgwick, J.
J., not sitting.
Forshat against Nebraska Mollne Plow
company. Reversed unless certificate ot
clerk Is filed In this court within thirty
days, showing that Judgment against
other defendants has been vacated, other
wist affirmed. Sedgwick, J. Reese, C.
J., concurring separately.
State ex rel. Murdock against Reullng.
Affirmed. Fawcett, J. Letton, Roso and
Sedgwick, J, J., not sitting.
Burroughs against State. Reversed and
remanded. Hamer, J. Kawcett, J., con
curring separately. BengwicK, j con
curring separately. Letton, J., dissent
State ex rel. Topping against Houston.
Affirmed. Letton, J.
Following are rulings on motions for
Armstrong against Randall. Overruled.
Payne' against RiSBer. Overruled.
THREE'MEN HURT IN AUTO
UPSET AT NORTH LOUP
NORTH LOtrP, Neb., Oct 17.-(Spe-clnl.)
George VonOsdol, Joseph Shartie,
Morton Bwaneon and Thomas Dunn, liv
ing neap Greeley Center, met with a
ieribus accident Wednesday night when
their automobile was .overturned about
mile west of this village. They had
bien speeding and, It Is supposed, the
driver lost contrr.l of his car, with the
result that It turned completely over,
righting Itself and turning In an oppo
site direction. The occupants wew
thrown to the ground and badly injured.
ttiough, suffering no broken bones. They
were able to go to their homes the next
day. They had been to Broken How to
register In the land drawing contest,
An average of thirty automobiles havo
passed through this village every day
this week, ail heavily loaded, carrying
land seekers to Broken Bow to register
in the land opening.
Tho democrats recently voted at this
place for their choice for postmaster,
Clem Meyers was the lucky man.'secur
ing Just as many votes as both his op
That have great medicinal power, aro
raised to their highest efficiency, for puri
fying and enriching the blood, as they
ore combined In Hood's Sarsaparilla.
,i5 testimonials received by actual
count In two years. Be sure to take
Get It today In usual liquid form or
chocolated tablets called Satsatab.
Watch Sunday Papers
Yankton Elka Dedicate tt Home.
YANKTON, S. D Oct. 17.-(8peclal.)-
Yankton's new Klk home, which cost
$20,000, and has been pronounced a truly
most creditable building, especially In Its
Interior arrangements .and appointments,
was fittingly .dedicated on Thursday.
Most Imposing ceremonies were held, the
address of the day, a magnificent pres'
entatlon of Elk teachings, was given
by J. U. Sammls of LeMara, past grand
exalted ruler. The attendance for tho
dedication was very large, with Elks,
present 'from all surrounding towns and
large delegations from Sioux Falls anl
Buy Your Winter Supply
of Underwear Tomorrow
There's n lot of active buying In
our underwear section those days.
Wlso fellows chooso whllo the
stocks nro at their best you
should do the same.
Cotton Union Suits ....$1 to $3.D0
"Wool Union Suits. $2 to $5
Silk mid Wool Unidn Suits $5
Cotton Separate Garments,
at 50c to $1.50
Woolen Separate Garments,
nt - $1 to $3.50
Shawl Collar Sweaters $3-50
An extra special value; warm as
toast: all desirable colors
French knit. You'll b asked
5 for similar grades elsewhere.
Perplexed Clothes Buyers
should come direct to this great store, it's a course
that thousands have followed to complete clothes satisfaction
At every price from $10 to $40 we can
meet your clothes ideas satisfactorily
EHminato all chance Work in Clothes Buying got in lino
with tho thousands of well dressed mtfn of Omaha men who
are Btyle-wise, who know values, men whoso judgment is final
in mnttors of dross. This storo onjoys the patronage of a groat
majority of these men mid wo'ro gaining others daily. Our
Fall Showing emhrnces tho very height of Clothos perfection
presented to you in many thousands of as choice an array of
Suits and Overcoats as has over been assembled under any ouo
To be classed as one of Omaha's well dressed men
this winter, necessitates that you wear a King-Peck.
Already we've placed heavy ro-ordora for theso popular
Overcoats, regardless of the fact that today "wo have many
bund rod s of Chinchillas to offer you, tho selling during tho
past two weeks ban boon so active as to prompt this move.
Every good dresser favors them; they aro warm, stylish,
dressy a coat for young mon as well as tholr eldor as
sociates. Our prices aro moderate You'll enjoy Booing
our remarkablo display.
Saturday we feature three
special value Chinchilla
O'coats at $15, $20, $25
"HOME OF QUALITY CLOTHES "
Sixtoenth and Howard
$15, $20, $25
and up to
$45 and $50
Get Style in Your Hats
not only stylo, but tho "right
stylo", your individual style.
This is nn oaBy matter hero bq
causo of tho wonderful assort
ments from which ybu may chooso.
$2.00, $2.50, $3.00, $3.50, $5.00
OMAHA COLONELS TO FRONT
Nearly All Respond to Goveronr's
Call for Tarade Duty.
SAVE DAY AT LINCOLN SHOW
Detectlrc Mnrpliy'n Claim for TrnT-
ellnsr to Hpokana Trimmed Dorm
y Deputy Auditor Minor
MAKING MUCH PROGRESS
(From a Staff Correspondent.)
LINCOLN, Neb., Oct. 17.-(Slxiclal.)-German
day exercises closed last nlglit
with concerts by vislttnjf bands In dif
ferent portions of the city. One of the
bands whldh seemed to be In great de
mand was the Central City musical or
ganization, formerly the Second regiment
band of the National Guard. They made
excellent muslo In the parade and their
willingness to play at any time needed
made them popular. They entertained a
big crowd with concerts at the Vlctono.
hotel, the' IJndell hotel and to an Inside
crowd at a big hall at Ninth and M streets
until midnight last night. -
Another feature of the parade yester
day was the escort furnished Governor
Morehead by his staff. Of the entire
number of colonels, nearly all here were
from Omaha and, had It not been for
the Omaha colonels, the governor wouti'
have been without an escort. Those pres.
ent In line from that city were; Colonel
John IL Mlthen, Colonel Kverett Buck.
Ingham, Colonel Thomas Byrne, Colonel
Arthur Mctx. Colonel William F. Stoeker,
Colonel A. V. Dresher, Colonel Adolph
Store, Colonel J. J. O'Connor, Colonel
Sophia Neble, Colonel George Rogers,
Colonel Gould Diets, Colonel J. C. Heafy,
Colonel Henry Itohlff and Colonel Peola,
Colonel John R. .Golden of Nebraska
City and Colonel W. B. Straub, Lincoln,
with General Phil. U Hall as chief of
staff, were In line.
Omana Firm Enlarges,
Klopp & Bartlett, an Omaha printing
firm, have filed with the secretary of
Mate amended articles of Incorporation
Increasing their capital stock from J1DO,0
The Allison Realty company, another
Omaha corporation, also filed articles of
Incorporation with the secretary of state
this morning. The authorized capital
tock U given ns $363,0fi0, the Incorporators
being Charles C, Allison and Katharine
The Shock Loader Manufacturing com
pany, with headquarters at Lincoln, files
Plans for the petition work this fall
were discussed yesterday afternoon at
the regular meeting of the Omaha execu
tive committee of the National Woman's
Suffrage association. The meeting was
held in the council chamber In the city
The officers of the organisation are
Mrs. W. C. Sunderland, city chairman;
Mrs. H. C. Sumney, city secretary, and
Miss Daisy Doane, treasurer. The asso
ciation meets every two weeks. Much
progress Is being made In behalf of
woman's suffrage by the association, and
the members are encouraged by the
Judge and Sirs. Joseph Oborfelder of
Sidney arrived In the city on Friday,
A. L. Blggerstaff, formerly one of the
well known retail shoe salesmen of Chi
cago, has accepted a position with the
Alexander Shoe company, 1512 Douglas
Its articles of Incorporation. The com
pany will manufacture a machine for
loading grain from the shock. The capital
of tho company Is gven an $100,000 and
the Incorporators ore Wl'.llam n. Unch,
Lewis F. Trulllnger and Warren Ltnch.
Found Dcnd In lied.
A man, apparently C5 or 79 years ot
age, was found In a Lincoln rooming
bouse dead In bed yesterday. He bad a
tetter In bis pocket addressed to Jdhn 8.
Ploof, South Omaha, Neb. No money
was found' about his person, but he had
raid M cents to the proprietor of the
rooming house for his lodging before re
tiring the night before.
Cuts Donn Mnrphy'a BUI,
Detective Frank Murphy 6f Omaha, who
put In a claim for expenses to Spokane,
Wash., where he went to bring back Hr
bert E. Cross, wanted in Omaha for wlfo
abandonment, will not be able to draw a
voucher for the full amount claimed hi'
Mm, Deputy Auditor Minor having out
down the amount from 121S.05 to 1300.18.
Cross charged In an open letter to the
public, which was published by The Bee,
that Murphy liad made a pleasure trip
out of the journey and at different tlntes
had Incarcerated him In a bullpen when-i
ever the officer wanted to stop all night
In a city and take In tho sights. Murphy
finally agreed to cut off two days from
the nine charged In the bill at JJ per day,
ai.d .Deputy Minor cut off 8.87 more for
nail Hoard Holds Back.
Attorney General Martin ha ruled that
the State Railway commission has no au
thority over tho matter of making a
street -car -company build tracks. The
ruling came from an effort on the pat
of East O business' men in Lincoln to
havo the city commission require the
street car company to extend its tracks
on Sixteenth street direct north two
blocks to O, Instead of turning at M and
reaching O by the way of M and Thir
teenth. Today Food Commissioner Harman
held his annual fall experience meeting
with the deputies under his department
and twelve of them responded to the call
When asked If political Instructions were
given those traveling out through the
Fifth district, Mr. Harman said nothing
was doing politically In his department.
It Is the Intention of Mr. Harman, when
ever occasion demands It, to call his
men together and hold a meeting for
the purpose, of each getting better ideas
of the requirements needed. Two meet
Ings will be held each year regularly and
a special session may be called when an
Bond Clerks "Extras"
Turned Into Coppers
(From a Staff Correspondent)
LINCOLN, Oct. 17. (Speclal.)-In past
years it has been the custom In the
auditor's office to allow tho bond clerk,
C. 1?. Lawrence, (to keep nil f eca tuken
In by htm for fu'rnlshtng information to
bonding companies and other like mat
ters which did not properly come- -under
the head of the regular work1 of tho
office. has been able to do this
outside of his regular work, but when
Auditor W. 11. Howard took charge of
the office he notified the clerks thata
nothing of that kind would be allowed
and that all fees coming into the office
must bo turned in to the state.
The salary of Mr. Lawrence as bond
clerk up to that time was 11,100 a year
and hla Incomo from the extra, fees
amounted to something over 1300 more.
With the understanding that tho fee
should) be turned In to the state Au
ditor Howard prevailed upon the leg
islative committee to raise the salary
of the bond clerk to II, COO a year, with
the understanding that all fees should
be turned over to tho state.
While the bond market has to some
extent been shot to pieces since the new
order went Into effect, Mr. Lawrence
has no far turned Into the state con
siderably more than the amount of tho
Increase In salary amounts to. It is
snld that in other states the bond clerk,
receives a salary ranging from 2,O0O. to
Sloan Will Bprak at JTrarri.
SEWARD, Neb., , Oct. 17.-(BpeclalJ-CongressnlHn
Charles Bloan will speak, at
the dedication of the Young Men's Chris
tian association here on October 21. On
October .23 an Indoor circus wilt be put
on by Lincoln Young Men's Christian
association men and Seward slack-wire
artists. Howard is the smallest town In
the state" which has a Young Men's
Christian association building.
Ames Logan of this city, who has been
In the commissary department of the
government at Manila for the last eleven
years, arrived In Ban Francisco Tuesday
and wltl be stationed at Chicago.
The "good roads" workers at German
town removed eighty-three loads of dirt
cne day and eighty-seven another day
from the top or a high hill to fill Iri at
the base. Fifty-one men did the work.
The Persistent and Juaiclous Use ot
Newspaper Advertising is the Road to
TU ON spell
a lot to most men
and in the matter ot
v clothes a great many
toe en willing , to pay
$Z5.bU most any price JUST
TO BE SATISFIED.
Here you get exclu
$45.00 sive patterns coupled
With designing of
the highest order,
yet our prices are
MitCarihy Wilsm Tailttiiig C,
304-aeS Bouth ID Street.
Saturday Last Day of
QUICK MEAL RANGES
$8.90 set of "Wearever" Aluminum Utensils
given with each range sold this week.
& SONS CO.
Ilome-Keeplnar Uttn ea Health
The work of a liome-T.eeptng wcniin
makes a constant call on her strength
arid vitality, and sickness comes through
her kidneys and bladder oftener than
h knows. But if. she takes Foley Kid
ney Pit's their tonlc-strengthcnlng effect
will invigorate her, and pain and weak.
jnevs In baii, nervousness, aching Joints
and Irregular bladder action will all dis
appear under the comforting Influence
of this good and honett medicine T'
them. Kor sa.c by alt ucalerj every
rchard & Wilhelm Qo.
X solid quartered oak table, gol
den finish, 48-ln. round top. 8-ft
extension, with pedestal base
Tho same care and consideration of material and workmanship s
given the selection ot our -medium . and low.prlced furniture as la
devoted to the purchase of the expensive suite. Here Quality corn
blned with reasonable pricing spells true economy. We call your
attention to our
Medium Priced Dining Room Furniture
All quartered oak In golden and fumed finish, attractive designs, fitted
with cupboards, linen drawers and silver drawer; $at1;OOt $20,00,-98,00,
$30.00, 948.00 and sp. J '
Quartered oak, In golden and fumed finish,, handsome pedestal bases with
round tops, in all sizes 8IO.00, $18.00, SttO.OO, $22.80, $23.50, $23.0O,
$20.00 and up.
CHINA CABINETS AND CHAIRS
A full line In golden and fumed oak, in stylo and prlco to suit any scheme
- m 111 c i rtiirin
J U.J.J. JLJ JJL XVJLA L
152.0 DOUGLAS ST.
Women's Exclusive Wearing Apparel
At Moderate Prices
New Goods. Arriving Daily.
Saturday is the last day ot our
Bound Oak Heaters
and Base Burners
Are being shown and their
many desirable features ex
plained by special -factory rep
resentatives IN OUR BASEMENT
(ernB nt Special Prices
In some patterns there are only one or two; In
others full sets will be found. The lot includes gold
en oak, fumed oak and mahogany finish, with both
padded and slip seats in genuine leather.
Quartered golden oak chair, In style similar to illus
tration, with padded seat, in genuine No. 1 black
leather. There ar0 8 in the lot; regu- f
larly $4,50; special price J)eeUU
Gas Lamps, Mantles and Globes
Saturday Half Price and Less to Close Out
A final opportunity to take advantage of these ridiculously low prices,
needs while you have the chance. ' '
20c Lindsay Junior Mantle 10c
10c Lucifer cap mantles.,..,.. Be
15c Lindsay Wiiard mantle..,. Sc
20c Lindsay cap mantle. . .19c
20c Lindsay Astoria mantle, 100 can
dle power lf)c
Lamp .. 50t
60c Lindsay lamp, complete.,., 2So
35c Lindsay light 10c
$1,00 Lindsay Junior light. . v. ..... . ,60c
GOc Lindsay Inverted lamp, complete, ,28c
$1.60 gas table lamp and. stove, com
85c Lindsay lamp, complete.,.' hbq
$1,00 glass oil lamps, complete. .,,,..wo
SHADES AND GLOBES
20c lamp globes , , . .10c 25c Holophane shade.. .. , ...... t .lo
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