Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Oct. 18, 1913)
IHE BEE: OMAHA, SATURDAY, OCTOBER 18. 1913. Nebraska Nebraska 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 had. 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 other things. 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 ting. . 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., not sitting. Jheoby agntnst Prudential Insurance Co., of OmerlcB, affirmed. Barnes. J.J Let tori. Roso and Sedgwick, J J., not sit ting. , 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 unit 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 sitting. 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., not sitting. 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 rehearing: 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 ponents received. Roots Barks Herbs 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 Hood'sSarsaparilla Get It today In usual liquid form or chocolated tablets called Satsatab. THAT BIG SALE of BLANKETS at BRANDOS STORES NEXT MONDAY 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 Sioux City. 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 roof. To be classed as one of Omaha's well dressed men this winter, necessitates that you wear a King-Peck. CHINCHILLA OVERCOATS 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 KING-PECK CO. "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 Uefurn Allowance. SUFFRAGE ASSOCIATION 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 to JBOO.doa 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 Allison. 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 hall. 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 promising outlook. PERSONAL PARAGRAPHS. 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 street. 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 meals. 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 emergency exists. 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 Buslnoss Success, ATISFAG 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 most reasonable. MitCarihy Wilsm Tailttiiig C, 304-aeS Bouth ID Street. Saturday Last Day of DEMONSTRATION of QUICK MEAL RANGES $8.90 set of "Wearever" Aluminum Utensils given with each range sold this week. ILTON & SONS CO. R 1515 HARNEY Ilome-Keeplnar Uttn ea Health and Slrenirtb. 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 vhere. Advertisement rchard & Wilhelm Qo. DINING TABLE (like Out) X solid quartered oak table, gol den finish, 48-ln. round top. 8-ft extension, with pedestal base z::c:":: $21.00 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 BUFFETS 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 ' DINING TABLES. 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 of furnishing. - 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 Stove Demonstration Bound Oak Heaters and Base Burners and Copper-Clad Malleable Ranges Are being shown and their many desirable features ex plained by special -factory rep resentatives IN OUR BASEMENT Odd Chairs and Dining Chairs (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. ONE EXAMPLE ZKES 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. ' ' OAS MANTLES Anticlpato your 1 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 $1.00 Lindsay Lamp .. 50t GAS LAMPS 60c Lindsay lamp, complete.,., 2So 35c Lindsay light 10c $1,00 Lindsay Junior light. . v. ..... . ,60c GOc Lindsay Inverted lamp, complete, ,28c $1.60 gas table lamp and. stove, com plete vi..,.,....,$aui' 85c Lindsay lamp, complete.,.' hbq $1,00 glass oil lamps, complete. .,,,..wo SHADES AND GLOBES 20c lamp globes , , . .10c 25c Holophane shade.. .. , ...... t .lo