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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Oct. 29, 1913)
J'UK BEE: " OMAHA, WEDNESDAY, OCTOBER 29, 1913.
CITY IS BACK OF ALL SPECIALS; "Water Board Cannot Exact Unreasonable
Rates," Says Judge James P, English
So Declares A. L. Reed. Who Dc-1
clares They Arc General Lien.
MATTER BEFORE COMMISSION
Rullrr Una Pin" Cut Down llir
Intrrmt on RoniU nntl Thnu
MnUf n 111k Snrlnpr to
I he VI tr.
Victor ltosewntcr, rinlntlff,
Tlio City of Omnliii, a .Munlrliml Cor.
ttorntlon, the Witter Ilonril of the City
of Oiiinlin, anil ICobert IJecclier Hotv-
oll nncl otJtcr Member of fnld Itonrd,
Jhic. 1123, So. HOS.
ti l-.iilnr rltv rMnuUli)nr or.' -win u hucii ui iiic niiliiuriucn mcu iij vuuusci ur mini mruni
flnniue and at-counts, In ft rommunlc-j rcncli the follotvliiK roncluMons:
i. it Is not within the power of the leKisInturo to confer upon n lionril
or romtiilftston tJio solo ami rlnnl rlfilit to tlx water rote and to take from
tlio courts tlio right to Inquire ns to tlio rcnftonablenefw of the ratet. I do
not think- the statute In nuctlon attempt to giro the Water hoard such
arbitrary and final power, but grants to the board the right to fix the rates
In the first instance, exclusive of Interference oa tlio part of any otlter mu
nicipal board or comnilnslon, and leaven the question of the reasonableness
of the rate open to Judicial determination.
".'While thcro are some decision apparently to the contrary, It In neu
tral ly held by the courts that where a practical monopoly Is obtained of a
public commodity, which cannot lie conveniently obtained from any other
source, and when that commodity Is ono of tho recognised necessities of life,
theriiublic has a right to receive It and pay no more than a reasonable
charge therefor; and where no other procedure Is supplied by tho legisla
ture, any Individual consumer who feels himself aggrieved by an unreasona-
-ble rate may appeal directly to the courts for redress.
ft, The court finds that tho allegations of the petition are sufficiently
broad 'to put In Issue tho question whether tho rate complained of Is so
plainly unreasonable as to call for tho Interference of tho court.
' 4i The demurrer will bo overruled and defendant given an exception
and ten days to answer. JAMES P. KN'OMSII, Judge.
tlon to tiic city comml'iilon. accompanied
liy recommendations from City Treasurer
"V G I're. urges the. city to "put It
taith and credit" Kick of the Improve
ment district bonds. These bonds nrr
not guaranteed by the city and the re
mit. Is ft hlBh rnfe of Intercut and re
r.uent difficulty In selling.
Commissioner Butler said:
We could cut down the Interest on
these bond and facilitate business If
the city put It faith and credit back of
City commissioners took no action on
Treasurer "re. In ft letter to the coun
cil, asked that his office lie )erinlttcl
to pool district Improvement fundi and
pay warrants on nhy district out of thla
fund. Concerning thla Butler said:
t'nder the present law wo ennnot d6
this, but I find this very thing provided
for In the home rule charter. As soon as
the new charter Is adopted the difficulty
Butler submitted a table showing the.
amount of money thn city would save
bj guarnnteelnjt the payment of district
Improvement bonds, placing them on tlio
nine footing as general city bonds.
A I Heed of the Byron Heed com
pany says Dillon, Thompson ft Clay of
New York have, since a decision In 1W"
Jn a Beatrice- caso, gone on the assump
tion that the general faith and credit ot
the city was back of these district Im
"Thesa bonds constitute a general
lien," said tr. Heed, "and all such bonds
Issued since are secured by the sink
lng fund and tho ccncrnl faith and credit
of tho city Is back of them."
Move to Do Away ' '
With Street Poles
Tho first, movajn what may be. a cam
nubrn.Jo clImlnatAtmp'Bhtly poles, from
tSie stream of theeJ was made by
Mayor Jamea C. Dahlman. when ho Intro
duced an ordinance- at a meeting of tho
city commlselon, which orders all .poles
within fifteen feet of gas lamps, fcrnoved.
wlV may bo e:nt.t V. by appeal, and that tho : elu.lv. Wa
BEE WINS OYER WATER BOARD
Its Claim to Divine Right Rejected
', by Judge JEnglUh.
TO BE TRIED-ON ITS MERITS
Vlrtiip Iloaeirater'a Halt to Farce
.-Hot Wntfr;H(f Is In He An
' ' s sWered wfthln Ten Days
The contention of tha Water boaid that
rates fixed by It aro abuv questioning In
court by patrons .of Its service and not
subject to Judicial determination as to
reasonableness was overthrown when
Judge. TBiigllph of-.tho district court over
ruled the demurer ot tho board In tho
suit brought by Victor losewater, editor
of Tho Bee, to force water charges down
jto J5 c,cnlB poc 1,000 gallons. f
mo court gave tho water board ten
days In which to answer tho petition or
Mr. llosowater, the overruling of tho de.
muror meaning that the case will be tried
soon on Its merits, unless the boon) do-
i .!, .... of thn streets aro forb d-M;" 'u l ,nl wl" "v 10 eieim us
..,.1 UI.I.. .hi. Iln.ll a'n.llCXC
fieri IU VIVVb im.vn w.m.i. . ., -
n.nnJ. .imnitlntr nrn to be remol
wlthnV slxiydoy from the passage of tho
ordinance. Tlie measure was referret to,
tho committee of'lhe wholo for discussion.
Hummel Will Hay e
Coasters iri Parks
9 J II, Hummel, park commksiunerflms
arranged for tho nurctiase.of )xkXmoif.
(an coasters for a parKS-tnuryviwer.
The city clerk has beep instructed to ad
vertise fqr bids for the- coasters. f
Commissioner HumirfeJ has other lm-,
provementr In mind which will add to
tho youmftters' fjijoyment of.tho parks
this winter r ' " ' . "-'
As soon as" the apportionment of .funds
is mode In tho spring, . Commissioner
Hummel will' begin construction of con
trivances for summer sport In tho parks.
These will Includo swimmlOB pools and
aiVanVements for all kinds ' of outdoor
tcessjve price for water,
The cqijrt .refused to accept, the conten
tlon that when the Water board was err
Sattut tho legislature's olnf -was to take
rrum a. consumer the right to have the
ccur(s pass on thnrrrasonablcness of tha
price fli a commodity wnere a practical
inonoiyily, cxlstf, as In tUo caso ot the
water supply, and -tlio commodity Is one
ot the recognised ,necestff s of lie.
Memoranda of. Jildsjo'iingfl'slv's decision
we-e sent to Attorneys Htanley noscwa
ter and Samuel O. Cotner for the plain
tiff and John ti. Webster for tho Water
Interesting legal questions were In
volved 'In the argument on the demurer
and reveral recent court decisions were
cited In behalf of the plaintiff, Including
the Minnesota rata Case poised on by
tho supreme court ot tho United Htatea.
to Force Action on
City commissioners will engage In a
swift and forceful campaign to secure 'the
construction of the Ijocust street, vhct
At a. meeting of tho city commUslon this
morning the following resolution relative
to the viaduct was passed:
That tho superintendent of public af
fairs, the superintendent of publto Im
provements, the superintendent of street
denning" and maintenance and the city
attorney bo appointed a committee for
the purpose of taking up with the several
railroad companies the matter of bulldlnir
tho Locust street viaduct, with a view to
a speedy action thereon.
"1 was troubled with constipation and
Indigestion and spent hundreds ot dol
lars for medicine and treatment," writes
C. If. Hlnes, or Whitlow. Ark. "1 went
to a St. Louis hospital, also In Now Or
leans, but no euro wis etfocted. On re
turning home I began taking Chamber.
Iain's Tablets; and worked right along.
1 -used them for same time and am now
all 'right. For sale by all' druggists Ad-vertlscrrlent.
Lessen your coed-bills!
'Calvary Baptist to
; Welcome New Pastor
A reception was tenderd Ilev. J. A.
Maxwell, new pastor of tho Calvary Bap-
41st church last evening by the members
of that congregation. Ilev. Mr. Maxwell
has been occupying a pulpit at Philadel
phia and preach at tho local church
about three months ago, after, which ho
accepted a call from the congregation to
Vecomo pastor. There was a big din
ner served H started at 0.30 o'clock
hd' there were fully 110 'n attendance.
After the meal there was music and sing
ing and a general welcoming of Itev Mr,
DRAMATIC CLUB AT OMAHA
- UNI ELECTS OFFICERS
The. Dramatlo club of tho University
of Omaha elected tho following officers.
fls Waters, president Miss Dell Net-
Mn, vice president; Oldham l'ajsiey, sec
retary Clinton rialaey, treasurer. Tha
object ot the club is to Interest students
In amateur dramatics .and to develop
flr'amatlo appreciation and power ot ex
pression, Kntertalnments will b given
from time to time by the members of the
The, following were selected as a com
mlttea, of three, to draw up a constitu
tion to be presented ot the next meet
ing of tho clubt Dorothy 8cott, chair
man. Effle Cleland and Miss K. Berry
. To & Absolutely Certain of the Genuine
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observe tho following; three points
of (llfitlt)ctt6n: t
1 That the neck over
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seal of security.' '
il That our nnuie and nan
ogram are blown in tlio bottle.
It's a certificate of merit.
:i -Tli'nt, the label bcMra our
trntle-iuark of tlio "Old Cliew
ist" and signature of tho Com
pany. It's a sign of the genuine.
Insist on Duffy's
Unscrupulous manufacturers, and dealers
sometimes take advantage of the natton-wlde
popularity ot Duffy's Puro Malt Whiskey ns
a remedy for all mankind, by offering Imita
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To guard your best interests, become fa
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tlo, tho contents ot which havo done so much
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bring health and happiness
k into thousands ot homes.
1'csimtlt) of botUe
u The original and genuine Duffy's Puro Malt
Whiskey Is sold In sealed bottles only, by most drug
gists, grocers and dealers everywhere at $1.00 a
large bottle. Valuablo medical booklet and doc
tor's advice free If you write
The Duffy Malt Whiskey Co., Rochester, X. V.
Did it seem many times
last Winter that your
home was "the center of
attraction" for coal
wagons? Are your fuel
expenses due to old-fashioned,
ark -like, wasteful
ways of heating ? If so,
why not reduce your cost
of living this Winter and
for all future Winters by
putting in the fuel saving
American x Ideal
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' 1 1
Right now is the time to do it
before the rush is on ! The modern
fitter knows just how to pipe a
house" (old or new) so that alt the
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nooks and hallways. The few small pipes required can be run in
partitions, up the abandoned hot-air furnace flues or other out-of-the-way places. Now is
the time to have the outfit put in by quickest, skilled workmen.
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A No. 152 IDRAL Boiler and 265 tq. ft. of
3S-ln. AMERICAN Radlaton, cottlnc the
owner $140, were uicd to heat thla cot
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One charglnt of coal
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There can be no fuel
ARCO WAND Vacuum Cleaner built into the house
You should know about our ARCO WAND Vacuum Cleaner, for dustlcss, complete cleaning of rooms, furnish
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Sold by all dealers.
No exclusive agents.
Wnta Department N-80
413-417 South Tenth St.,
Public Showrooms at Chleaco.
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TIRES AND ACCESSORIES
fnfnrrr.Qtir.n RnrAQll Tlie Automobi,e -Editor of The Omuha Beo will gladly furnish you detail infor-
1111UX llidLlUll JDUlCctU. .ination regarding any of the automobiles, trucks, delivery wagons, tires or acces-
" sories represented in this directory. Write today.
' Nebraska Buick Auto Company,
Lee Huff Mgr. 1912-14-16 Farmim Street,
' Cadillac Company of Omaha,
Q. F. Reim. Pres. 2054-6-8 Tarnam Street.
Doty & Hathaway,
2027 Faraam Street,
A Uangrrogs Wouiul
fa renderWi untlaeptls by Huekleri'a Ar- (
ni""a Salve, tha healing wonder for aor. ;
Inirne, pllea, eesema. and aalt rheum. Sc. ,
For rale by your druggist. Advertlae- (
Kry to the ltuaUon Hee Advertising:
ORIGINAL AND ONLY
strFECTIVC MOM-IMCte TMC
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Interstate Automobile Co.,
Opp. Court House. 310 South. Eighteenth Street.
Doty & Hathaway,
2027-Q9 Farnam Street.
I Drummond Motor Company,
26th and Farnam Streets.
Marion Auto Company,
0. W. McDonald. 2101 Farnam Stmt.
Maxwell Motor Sales Corporation,
205-207 State Bank Building.
Van Brunt Automobile Company,
2010 Farnam St., Omaha. 18-20-22 4th St., Council Bluffs.
Van Brunt Automqbila Comptny,
2010 Farnam St., Omaha. 18-20-22 4th St., Council Bluffs,
The T. Q. Northwall Company,
912-14 Jones Stret
Doty & Hathaway,
2027-29 Farnam Street.
R. N.'Howm. Fred C. Hill.
2102-4 Farnam Street,
E. R. Wilson Auto Company,
2429 Farnam Street. '
Drummond Motor Company,
26th and Farnam Streets...
Van Brunt Automobile Compa&y,
2010 Farnam St., Omaha. 18-20-22 4th St,, Council Bluffs.
Marion Auto Co.,
0. W. McDonald. 2101 Farnam Street
Dmmmond Motor Company,
26th and Farnam Streets.
Arthur Storz Auto Supply Co.,
2020 Farnam Street.
"MAHA TIRE REPAIR CO.
I I Henry Nygaard,
2201 Farnam Street,
A RTHUR STORZ AUTO SUPPLY CO.
LX Automobile Supplies,
2020 Farnam Street,
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