Omaha daily bee. (Omaha [Neb.]) 187?-1922, October 29, 1913, Page 4, Image 4
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, vs. ' 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, Defendant. Jhic. 1123, So. HOS. MKMOHAXlHJM. 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 them." City commissioners took no action on the request. 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 will vanish." 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 provement bonds. "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." Dahlman Starts 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 hy Defendant. 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 games. . 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 board, 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. Council Decides to Force Action on Viaduct Question ... 1 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. tumr Treatment. "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, Jtucell. DRAMATIC CLUB AT OMAHA - UNI ELECTS OFFICERS 4 1 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 c3(ib, 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 man . To & Absolutely Certain of the Genuine Duffy's Pure Malt Whiskey observe tho following; three points of (llfitlt)ctt6n: t 1 That the neck over the cork is unbroken. It's tho 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. h-4 gv mm 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 tions and substitutes ot the genutne for the sake of greater profit. To guard your best interests, become fa miliar with the exact appearance ot the bot tlo, tho contents ot which havo done so much to relievo Buttering and bring health and happiness k into thousands ot homes. 1'csimtlt) of botUe greatly reduced. 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 A Radiators IBoilers ' 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 heat from every ounce of fuel is radiated uniformly throughout rooms, 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. Being strongly made of new, laboratory-tested irorr, without any thin or riveted parts, an IDEAL Boiler will notspring apart, warp, burn-out nor breakdown lasts as long as the house Will stand. With IDEAL, Boilers and AMERICAN Radiators you go through the Winter in constant comfort and safety with no Fall or Spring over-hauling, repacking, blacking, storing, etc. Compared with old-time ways, you have, no ash-dust, soot or coal-gases blown into your rooms your furnishings last twice as long, and house cleaning labor not half as much. In a half-million buildings IDEAL AMERICAN outfits haVe replaced stoves, grates and hot-air furnaces supplied all the heat needed in all rooms and halls with less coal than the old-outfit burned to half-heat the building. IDEAL Boilers bum without waste hard, soft or lignite coals, screenings, pea-coal, run-of mine, coke, oil, gas, wood, etc. IDEAL Boilers are rated and proved in our exclusive Testing Laboratories In America and Europe therefore you get the world's tested best of heating devices in an IDEAL-AMERICAN outfit. Write us iust what vour heatinc. troubles have lot. vslvei. , .r -U..MJ: i 1 ... 1 i frdsht. etc.. which re extra nd vary ae. ul w "u.u H'cu. c mip you no ooHgauon on cording to climatic and other coodltloni. your part.- Send for our booklet Ideal .Heating" (free). A No. 152 IDRAL Boiler and 265 tq. ft. of 3S-ln. AMERICAN Radlaton, cottlnc the owner $140, were uicd to heat thla cot tce. At thU price the toodt can be bouxht of any reputable, competent Fitter. Thla did not include costs 01 iaoor, pipe, vaivci. One charglnt of coal in an IDEAL Doller easily latU through tho longest aero night. There can be no fuel waste. ARCO WAND Vacuum Cleaner built into the house You should know about our ARCO WAND Vacuum Cleaner, for dustlcss, complete cleaning of rooms, furnish ings, etc. ,Sets in basement and cleans through iron suction 'pipe running to each floor. Easily put in OLD buildings. Fully GUARANTEED. Lasts as long as the building like radiator" heating. Send 'for catalog. Sold by all dealers. No exclusive agents. Wnta Department N-80 413-417 South Tenth St., Omaha. Public Showrooms at Chleaco. New Orleans, .New York, Boston, Providence, Philai-ipnla, Washington. Baltimore, Buffalo, Pittsburgh, Cleveland, Cincinnati, Detroit, Atlanta, Birmingham, , Indianapolis. Milwaukee. Ornsha, Minneapolis. St. Paul. St. Louis, Kansas City, Denver, Seattle, Portland, Spokane, San Frandsco, Los Angeles, Toronto, Brantord (Oat.), London, Paris, Brussels, Berlin, Cologne, Milan, Vienna .V DIRECTORY AUTOMOBILES, TRUCKS 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. GASOHNlE CARS BUIQK ' Nebraska Buick Auto Company, Lee Huff Mgr. 1912-14-16 Farmim Street, ADILLAO : ' Cadillac Company of Omaha, Q. F. Reim. Pres. 2054-6-8 Tarnam Street. i I HEVIOLET- 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- ( went i Kry to the ltuaUon Hee Advertising: taggad tread ORIGINAL AND ONLY strFECTIVC MOM-IMCte TMC WCAIIN FATMMT PATCH assise qmO 'TB ioojH 9161 "oo jojok pjoj mojj umond pu Soi -13 1D inetadinba xm. jaidmoa ')oj)ci H 'o 'i V ao HMO) ssio Uwj i a3 SBjano) aq) Unoqsnna pjoj atn jo esfid Mu t)q; si sjunop pojpanq OAijj 4Xq spjojj aqj M35BA.. ubd noX 'jaiMi(uy oiodj pditnbun ?uiai? ojqA L19A9 3J spjo 000'SE UBHJ oiQfi 'pvaqe pjo jdijjoub oq sXbmjc p(oj9i) ui3 ssnd upinoo noX i3Ui03 b jo jibj 3ij uo pjjom 3qjpjDjpnoA jj I' NTERSTATE Interstate Automobile Co., Opp. Court House. 310 South. Eighteenth Street. j JTCTLE- I Doty & Hathaway, 2027-Q9 Farnam Street. T OCOMOBILE I Drummond Motor Company, 26th and Farnam Streets. M M ARMOW- Marion Auto Company, 0. W. McDonald. 2101 Farnam Stmt. ;AXWELL- Maxwell Motor Sales Corporation, 205-207 State Bank Building. OVERLAND x Van Brunt Automobile Company, 2010 Farnam St., Omaha. 18-20-22 4th St., Council Bluffs. IOPE-HARTFORD Van Brunt Automqbila Comptny, 2010 Farnam St., Omaha. 18-20-22 4th St., Council Bluffs, R EQAL The T. Q. Northwall Company, 912-14 Jones Stret R EO FIFTH Doty & Hathaway, 2027-29 Farnam Street. gasoline: cars s TEVENS-DURYEA T R. N.'Howm. Fred C. Hill. 2102-4 Farnam Street, STUDEBAKER E. R. Wilson Auto Company, 2429 Farnam Street. ' COIVIIVIEKCIAL TRUCKS HASE- G Drummond Motor Company, 26th and Farnam Streets... ELECTRIC CARS hio Van Brunt Automobile Compa&y, 2010 Farnam St., Omaha. 18-20-22 4th St,, Council Bluffs. TANDARD Marion Auto Co., 0. W. McDonald. 2101 Farnam Street 0 s w OODS- Dmmmond Motor Company, 26th and Farnam Streets. TIRES F ZDERAL Arthur Storz Auto Supply Co., 2020 Farnam Street. "MAHA TIRE REPAIR CO. I I Henry Nygaard, 2201 Farnam Street, ACCESSORIES A RTHUR STORZ AUTO SUPPLY CO. LX Automobile Supplies, 2020 Farnam Street, e