ONION LABORCLAUSE IS YOID
Decision of Lower Court in South
Omaha Case Upheld.
UNDEMOCRATIC IN ITS PLAN
Siinrrmf Court nnlm that It In In
Conflict -rrlth the State Const I
tntlon and Oar Form ot
tSoTPrnmrnt.
(From a Staff Correspondent.)
LINCOLN. Feb. 13.-(Speclai:)-Krlda$
tho thlrteenth.proved to bo an unlucky
day for union labor this morning, when
the supreme court of tho itate In Ite
decisions handed- down declared among
other decisions that tho law providing
for tho employment of union labor In
cities of the South Omaha class was un
constitutional. -fTho town ot Murdock In
Cass count', will have to go dry as far
as ono saloon petition Is concerned and
thti railway' commission of the stato has
Jurisdiction over railroads In the put
ting In of public shipping facilities. These
comprise tho most Important of tho
court's rulings at this time. y'
Tho Douglas county district court de
cided against the union labor contracts
for paving let In South Omaha, Tho law
provides that in all cities in the South
Omaha class where work Is performed
upon the streets, etc., by virtue of any
contract tho work shall be done by union
labor and bo paid at the rate ot $2 per
day, provided that when skilled labor is
employed by the city- said labor shall
be paid tho current scale of union wages;
provided that eight hours shall' constituto
a day's labor.
Suit was brought to enjoin thfe city from
proceeding with the work and that tho
contracts should be cancelled.
Holding of Court. ,
The court holds:
"That the said 'union labor clause Is
vofd because It Is undemocratic In Its
plan, In conflict with the constitution ot
tho state and contrary to the spirit of
our republican form of government.
"In' effect tho said provision excludes
the unskilled laborer from tho work to
which ho Is entitled, and compels tho tax
payer to sustain the burden of an arbi
trary rate not based upon the actual
'Value of labor and without reference to
the going wages ot the time, placo and
kind of labor to b performed.
"It takes tho prlvato property ot tho
taxpayer without dun process of law and
Is In violation of section 3, article 1, of
the bill of rights. .
"It undertakes to support a privileged
class at the expense of the taxpayer and
puts upon the latter a burden not con
templated by the laws ot the state.
"It takes tho property ot one person
and gives It to another without attempt
ing Just compensation.
"The contracts are not let under such
terms as to admit of competition and 1
there Is a disregard of that part ot sec
tion H02 ot chapter 17, of the laws of
1809, which provides that the mayor and
council shall award such contract to tho
lowest responsible bidder of the class (of
material) so destenated."
Child's Inheritance-
A decision ot the lUchardson county
district court Is affirmed In a case where
Angelina Reck, a female child of 3 years,
had been taken by John Fenlon and
wife, Mary, from tho Now York Foun
dling hospital. Seven months after
wards John Fenlon died and his wife
assumed the child under the contract
from tho hospital. Ann Fenlon, a sister
of the deceased, claimed the right to In
herit tho one-halt Interest In tho prop
erty ot Fenlon as his -sister and only
heir. Mrs. Fenlon, actios as adminis
tratrix of the estate qt her husband,
applied to the district court to have
the rights of the child under the con
tract defined. The court decided that
the child could not Inherit and tho higher
court sustains the lower court.
Mnrdock Goes Dry.
In the matter of an appeal from the
Cass county district court, which had
upheld' the granting ot a license to G. Q.
Williamson for a saloon In the town of
Murdock, the high court upholds the
contention 'of the remonstrators that the
petition was without a sufficient num
ber of signers and overrules the lower
court.
In order to secure the required thirty
freeholders Mrs. Williamson, wife of the
applicant, signed the petition and tho
court holds that she had no right thereon,
leaving the petition one short of the re
quired number.
Drag Firm Wins.
A decision affecting the pure food law
covers a sale by the Uesslp-Ellls Drug
company of Memphis, Tenn., to the
Harley Drug company of Lincoln of
patent medicines mlsbranded by them
and which the latter was prosecuted for
selling. The Lincoln firm refused to
pay for. the mlsbranded goods and the
Memphis firm brought suit, securing a
Judgment in the Lancaster county dis
trict court for 1730.
The higher court holds that the plain
tiff should be required to take back the
goods and credit the Ilarley company
with the price contracted for.
Control of Stock Yards.
That the state railway commission has
Jurisdiction over the railroads In the
construction and maintenance ot stock
yards and like foclllde for loading and
unloading stock la held by the supreme
court.
In' April, 1912, Charles C. Connelly et al
made complaint to the state, railway
coirtmlfaion asking that the Union Pa
cific , Hallway company bo required to
construct and maintain a depot and
ridotrark on Its Cqlloway-Staplehurst
branch at a point called Iloagland. The
commission made 'an order for tho con
struction of adequate facilities as to
depot and sidetrack and the Logan Val
ley Land company secured an Injunc
tion' In the district court of Logan
county restraining the railway Company
from following the order of. the railway
commltoJon.
Tlte supreme court now holds that the
order of the railway commission Is valid
as legarda the ordetlng In of sidetrack,
etc, for public use, but that for private
UBO4 the placing ot sidetrack comes un
der ha Jurisdiction of the courts.
llackaobc sad IlhcumutUni Vanish
A way.
Men and women having backache, rheu
matism, stiff and swollen Joints are hon
estly glad to know that Foley Kidney
pills are successful everywhere In drlv-
,lng out these Ills. That Is because Foley
Kidney Pills are a true medicine and
quickly effective in all diseases that re
sult from weak, inactive kidneys and
trlnory irregularities. Rev. C. M.
Knighton, Havanna, Fla., writes: "I suf
fered Intense pain in kidneys and back,
but after taking Foley Kidney Pills all
my pains disappeared, and though I am
S3 years old, I feel like a young man
again." For sale by all dealers every-
here- Ad vcrtisement.
NORFOLK MAN MAY MAKE
RACE AGAINST STEHPENS
NOItFOLK. Neb., Feb. W.-(Spoclal.)
County Attorney Art J. Koenlgstcln of
Norfolk Is seriously considering the mat
ter of becoming a candidate for the dem
ocrats nomination for congress In the
Third district against Congressman Dan
V. Stephens this year. He has sent out
a number of letters to prominent demo
crats In tho district and lias received as
surances of support In many counties.
A"otr from I.joum.
LYONS, Neb.. Feb. U-(Spcclol.)-A
wedding ot unusual Interest took placo
in the "Oennan Settlement,' south of this
place, m the marriago of William Kohl
meler to Miss Frieda Docschcr, the Itcv.
J. 1. Kuchnert officiating, nt tho St.
John's German Lutheran church. Tho
groom Is a prominent young man of tho
community, while the bride is tho daugh
ter of Mr. and Mrs. II. Docscher orthls
place.
The annual Burt County Sunday School
convention closed a very Interesting ses
sion hero yesterday, there being dele
gates from all parts of tho county.
Brink brothers, of this place, arc put
ting up about 3.000 tons of Ice. besides
cutting 5,030 tons for tho farmers, and
supplying Ice for Pender. Craig and Blair.
Tho Ice Is o'f good quality and about six
teen Inches In thickness.
HYMENEAL
Ilonkp-Ilerthr.
TECUMSEII. Neb., Feb. 13.-(Ppeclal.)
Miss Kllorn Becthc, daughter of Mr.
and Mrs. Charles II, Bcethe. and Her
man Heuke, son of Mr. and Mrs. Fred
Hcuke, wore mnrrlcd at tho German
Lutheran church, southwest of Elk Creek,
at 1 o'clock p. m. Thursday. A good-sized
company of relatives and friends wit
nessed the ceremony, which was per
tormcd by the pastor of tho church, ltev.
H. F. Grupe. A reception was tendered
tho young people at the hono of tho
bride, eight miles south ot tnls:lty, fol
lowing tho ceremony and was attended
by the members of some twenty families.
Mr. and Mrs. Heuke will be at home on
a farm ono mile north of Tablo Hock
after March 1.
Snydcr-Gllhert.
REPUBLICAN CITY, Neb., Feb. 13.
(SpecIaL) A pretty home wedding was
that of Miss Cecil Gilbert, daughter of
Mr. and Mrs. Gilbert of this city, to
Ernest Snyder, son of Mr. and Mrs. Jo
seph Snyder of Alma, Neb., on Wednes
day evening at 8 o'clock In tho presence
of a number of relatives and friends.
Tho ceremony was performed by Kev.
L. E. Lewis of this place.
Ilrnkriunn Killed Ncnr JInron.
HURON, S. D.. Feb. 13. fSnielal.-i
Arthur O. Merrill, a brakemnn nil ihn
Northwestern out of Huron, slipped un
der his train nt James Valley Junction,
whoro ho got off to register, hlB right
leg being taken off at the hln. and thr
hours afterward died at a hospital In
Huron. Tho platform at tho Junction was
Icy and Mr. Merrill lost his footinir. slid
ing under the moving train. He had been
in tho employ of the Chicago & North
western since 1905. and for tho last four
und a half years had resided here. He
was a member of the Masonic Iodaro nnd
the Brotherhood of Railway Trainmen.
Belle Fonrclio AlfnlCn Mill.
BELLE FOURCHE, S. D Feb. 13.
'-'r'-'- tuv s-Jciiu f uuiuiio
Commercial club conceived tho Idea of
financing an alfalfa 'mill abthls point
lor the purposo of taking caro of sur
plus alfalfa grown in tho valley. Tho
campaign was launched and $15,000 raised
In thrco weeks. On October 22 tho mill
was started for the first time for a light
run and has been running at full capa
city almost constantly since. To date
the mill has bought 700 tons of alfalfa,
paying $6,000 for the same, or half of tho
entire year's run.
New Fnlr Grounds,
31 TELLE FOURCHE, S. D., Feb. 13.
(Special.) Committees from tho Butte
County Fair association are now busy
with the collection of ,000 for the pur
pose of buying tho present fair grounds,
erecting a bridge across tho Bello
Fourcho river and building tho most
modern and necessary buildings The
committee say tho entire amount will be
cleaned up within the thirty days.
lilBF Mw Ml V mmm vs. ISBb
I .miJBi Mmm m mmm
m Icju 'fiH mmt mW mmm
BROOi
YHISKI
In the life of even the best, of us, there are daya when "all the ginger seems to
have been knocked out of us", and the world looks "mighty blue". At such a time
you will find in Sunny Brook The Pure Food Whiskey a safe, satisfying, pleas
ant stimulant, which will almost instantly brace up j'our entire system, and put new
life into body and brain. Its strongly developed medicinal properties makes the use
of Sunny Brook, in moderation, highly beneficial and healthful.
The Largett Diatillera of- Fine, Old Whltkey in the World are back of Sunny
Brook The Pure Food Whiskey besides, Sunny Brook
Government Stamp, a positive assurance that it is U. S.
Al i- Ji 1 . , f -. . . . f j I. . 1 1-11
mat it xeacnes you wn
GROTTE BROS. CO., Wholesale
ANOTHER REMOYAL PROBLEM
State Board Provides Temporarily
for National Guard.
MORE ROOM IS SET APART
Ilrodpitnnrd's Application, Turned
Down by tllue Sky Depart me it t,
Will Hp Tnken Ilrforr Hnll-
vn" Commission,
(From a Staff Correspondent.)
LINCOLN, Feb. 13.-(Speclal.)-Tho
proposition of removal of headquarters
of tho National Guard from Lincoln to
Fort Omaha will probably bo one of tho
questions which tho next legislature will
have to grapple with and will muke n
lively contest between the metropolitan
city of tho state and the state capital.
The State Board ot Public Lands, which
yesterday took up the matter, has de
cided that for the present the headquar
ters will bo given additional room across
the hall from Its present quarters In the
room now occupied by the Board of Cha
Itles and Corrections. This room will bo
used by Adjutant General Hall as his
private quarters and will enable, the
clerks In the present cramped quarters
to spread out Into the room now occu
pied by General Hall and his stenogra
pher. The governor and the board finally
concluded that the. matter of removal
was something that the legislature should
handle and so for a tlmo at least the
proposition Is settled.
llrodrirnnrd .Stork Cntr,
Fred Brodegnard, an Omaha Jeweler,
who was denied the prlvllego by tho blue
sky department of tho railway commis
sion to Incorporate a wholesalo and re
tall corporation and sell stock to himself,
has applied to tho railway commission
for a chance to appear before tho com
mission and make a showing of his claims
to a right to sell the stock. Tho hearing
will not tnko placo until Chairman Clarke
returns from Washington, where he Is
attending a hearing before tho Interstate
Commerce commission.
Dnvld City llcnrlna.
Railway Commissioner Hall wns In Da
vid City today conducting a hearing on
tho complaint of tho citizens of that city
against tho present conditions surround
ing depot facilities at the Burlington sta
tion In that town. The complaint covers
a charge of general unsanitary and In
adequate accommodation for tho public
in tho old depot.
Content Oyer Printing Paper.
Tho Kuhl Printing company obtained
In the district court of Lancaster county
an Injunction restraining tho student
board, which has charge of student pub
lications and tho Daily Nebrasksn, from
delivering any more copy to the 'estern
Newspaper union or to pay any monoy
to them. The company sets out that It
has a contract with tho board covering
tho printing of tho Nebraskan and hns
carried out Its contract for a period from
September 13, 1913, to January 27, 1914, but
slnco tho latter date the paper has re
fused to deliver to them any more copy,
but havo slnco been having the Western
Newspaper union print tho paper.
Dealers Gathering
Big Harvest of Ice
With continued cold the tee harvest Is
going on night and day, without Interrup
tion, and with every Indication of an
average and perhaps a bumper crop.
Friday morning tho Burlington took out
sevcnty-flvo men for Swift & Co., for the
fields at Ashland. One hundred or more
additional men were put to work at
Seymour lake, cutting for tho Cudahy
company. The Omaha Ice and Cold Btor
ago company Is laying Its plans for put
ting a big force at work on Carter lake
Monday morning.
Ice dealers now express the opinion that
should the weather stay cold the lea pack
will be practically completed next week.
FUNERAL SERVICES ARE
HELD FOR MRS. F. A. SMITH
Funeral services for Mrs. WIlhHmlna
Fowler Smith, wife of General Frederick
A. Smith, who died Wednesday, were held
at the homo, 1608 South Thirty-second
avenue, Thursday aftornoon. Itcv, Dean
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s nuiurm purity ana maicniess
SUNNY BROOK Is now bottled wlthourown patented "Twister" stoppers.
One twist un-corks or re-corks the bottle tight. No Nood for Cork Screws.
For Omaha, Neb.
THE BEE: OMAHA, SATURDAY, FEBRUARY 54, 1914.
JOB
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nil v. u rjH st-
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Tancock officiated. Tho body linn been
taken to Brooklyn, N. V., for burial.
SLIGHTLY WARMER IN
WYOMING AND MONTANA
According to rcportB to tho railroads,
tlicro Is a slight breuk In tho tempera
tures In Wyomlni? and Montaiia, but
nothing that would Indlcato tho coming
of a warm spell. Out there yestorday
temperatures ranged from 10 to 21 above
zero, with a few Xlnts showing a little
colder.
In Nebraska tho range was from zero
to .20 degrees above, tho coldest area
being In the smith part ot tho stato and
along tho Missouri valley.
All tho railroads report another fall of
snow Thurnday. Tho agents estimate the
snowfall at from ono to six Inches.
In Nebraska the heaviest snowfall was
over tho South IMatto section, tho big
winter wheat district of tho state.
Croup nml CoUKliiIlrninly.
Dr. King's' New, Discovery, elves almost
Instant relief. First dose helps. Hcrt
remedy for coughs, cotds and lung
trouble, Wn and H. All druggists. Ad
vertisement. Persistent advertising Is the sure road
to business success.
iHsV Jmmk Amu amm
.Bl Am A 1
mmm bbbbbbW .jIbk
is bottled under the Green
Government 100 and
11. r , .
quauiy iuuy preservea.
Distributors
Here Are Facts Worth Reading
Alexander Popo said: "Blessed Is ho who oxpoctB nothing, for ho shall never bo disappointed."
It's tho disappointed niim wo nre looking for. Tho mnu who has been drawing lemons
elsowhero. That has accepted in good faith tho "bunk" handed him until all confidence has
been destroyed. That's tho man wo think will appreciate our masterpieces of clothing, that
aro becomingly stylish and retain that dressed appearance, and give case and comfort to tho
body of a man as long as ho wears them.
'Kupponhoimer'"
derful oxamplos
And Don't Forget 1
That They Are Just r2
SuM op d7 fa
Overcoat, $l,0J9
This week will lie about your last
chanco to make groat savings in our
boys' department.
Three special prices on Boys' Suits
mid Overcoats:
$1.90, $2.45 and $3.45
These are garments that sold up to $7.50.
Men's Hat and Cap Sale
Moii'h Kur Cnps. . .25 off
.111 4IWU tllllll'l' VIll'K, Out,
$1, $1.50 and 92
Wintcp Unps, 8oo
Men8 Vclour
Hats.. 25 off '
Auto Howls, llnt-Cnps,
worth $l.nO, now noc
Cape and Kid Gloves
$2,00 quality, now 81.A
91.00 quality, now $l.lft
$1.00 quality, now 70p
BERG'S FINAL COAT CLEAN-UP
THE LAST AND BEST OPPORTUNITY TO GET YOUR
WINTER COAT AT A FRACTION OF ITS COST .
We do not
it.
Without
a doubt the
breatest values
that will be offered in
town this season. No job
or samples, but only the
that comprise our regular
assortment includes what
LOT 1 H.
XI 7. hi J Y
PAATC A LU1 2
choice mm
Saturday K1& $20.00 Mk .
a nif 'in tuA i o . sate.
4 IjF CHOICE UP TO V "V.
ill Saturday gift $24,50 V LOT 4
boucles, broadcloths, zibelines, Sealette Plushes,
velvets and evening coats.
REMEMBERThis U
$4.25 SILK JERSEY
TOP PETTICOATS
$2.98
Rectal Diseases Cured
A mild treatment, that cures Piles, Fistula and other Rectal disease in a short
time, vrthout a surgical operation. No Chloroform, Ether or other general anast
hetic used. A cure guaranteed in every case accepted for treatment, and no money
to be paid until cured. Write for book on Rectal Diseases, with testimonials.
DR. TARRY Ba Bulldlnz Omaha.
Specify Your Needs,
Bee Want Ads
Will Serve You in
Home, Store and Office
Tyler 1000
"BEIta SUITS MB.'
and "Society Brand" aro the
of this kind that man has yot
Their Original Price
$9, $10, $11.25, $12.50, $15, $17.50
Winter Underwear
$5,00
$4.00
$.'.50
$3.00
$2.50
$2.00
$1.50
$1.00
75o
quality,
quality)
quality,
quality,
quality,
quality,
quality,
quality,
quality,
now. . .$3.75
now... $3.00
now. . .$2.05
now... $2.25
now. . .$1.9D
now. . .$1.25
now. . .$1.15
now . . . 75c
now... 49c
believe in sensational advertising. We do not practice
We have this m mind while making the following
statement: "All the coats in
into4 lots and every coat is Poaitively Offered
in this Final Clean Up at BELOW ITS
Every
lots
garments
stock. Tho
is left of chinchillas,
Your Beit "Coat" Opportunity
Coats, Suits, Brtii.i and Pur. 2nd Flsor
1MB mmmWk JAO
iPTou wii - mam
AW it Saturday Wml $35.00
lUL nt coats
most won
perfected.
Boys1 Furnishings Deeply Gut
$1.00 Waists 49C
50c AVaists 29c
$1.50 Flannel Waists . . . J59e
50c Gloves 25c
$1.00 V Neck Sweater Coats 69c
$1.50 V Node-Sweater Coats 95c
$'2.00 V Neck Sweater Coats. . . .$1.29
Boys' 50o Winter Caps 10c
Odd and Extra Trousers
$3.00 Trousers $1.45
$4.00 Trousers $2.45
$5.00 Trousers $3.45
$(5.50 Trousers $4.45
$7-$8.50 Trousers ...$5.45
Shirt Sale
$2.00 flhlrta, now. .$1.88
$2.00 HhlrtH, now $1.35
$1.00 HhlrtH, now $1.10
$1.00 ShtrtH, now 70o
70c Shirtfl, now , . -10c
our stock have been divided
WHOLESALE COST TO US.
coat is this season's model;
nothing old style or shopworn.
Don't fail to supply pres
cnt and future
needs at Sat
urday's
of the Seaion.
OUR ENTIRE STOCK
LINGERIE WAISTS
$1.73 T0$7.50,SAT
URDAY AT y2 PRICE
Two Clean Papers
FOR THE HOME
TIie Youth's Companion
AND
The Evening Bee
INCLUDING SUNDAY
Both for 55c Month
Payable Monthly
at
THE BEE OFFICE
mm
M?S Saturday