THE OMAHA SUNDAY BEK: MAY 24, 1014. 3-A ( i Nebraska Memorial to a Pioneer Nebraska Home Builder M'KELYIE TRIES IT AGAIN lieutenant Governor's Attorney Files Brief in Rehearing. IN A CLASS ALL BY HIMSELF Allocation Mnilr thnt Constitution Don Not Applj tn Thl llnnn of Oftlrlnt Trnnxfrr Hrrltch nt lson Orrtcrril. (rrom a Staff Correspondent.) ZilKCOLN. Neb., May il.-iSpecla ) SUeutcnaht Ooyernor McKclvie still Per sists that the supreme court mado a mis take when It decided that the lleutey.int i governor of Nebraska could not fill the ' office of governor following Ida term as , lieutenant governor and In a brief tiled today In the supreme court makes nn j other attempt to convince the court ut , an error otjudgmcnt. The brief Is file X ( toy w. T. Thompson, at one time attorney general andlwho whllo Rttorncy tcem-rnl save out an Interview In which he raid he was s&ttatlel that no state office could become governor Immediately fol lowing hlr term as such state officer However, Mr. Thompson looks at tho thing In a different light now and says, among other things, that It "was errone ous for the court to hold that the lieu tenant governor, who la required to pos ses all the qualifications of a govenicr, required to perform the duties of gov ernor tn his absence and authorized to perform the duties of no other state offi cer, Is Ineligible and disqualified to be elected to the office of governor." The main point of the brief is thai In the statutes and In all affairs of s'.te the office of governor and lieutenant rov crnor are connected together. The lalte fill the Place of the former when he is away and In all things is recognized by the statutes as the governor In the ab nence of the regular official. In th'i; eligibility clause the. constitution says that "no person shall be eligible to the office of governor or lieutenant governor vho shall have not attained tho age of SO years," and - speaks of the other state officers separately. The brief contends that the lieutenant governor Is in a. class by himself and that the other state offi cers are the ones alluded to in the clause of the constitution whloh prohibits them from holding the offlve of governor .m medlately folio-wing their terms aa state officers. Switch at Nelson Ordered. Tlx State Hallway commission has or ders! the Rock Island and Burlington railroads to put in a transfer switch at elson on complaint of tho Dcshlcr broom factory, Superior Commercial cub and Jensen & Sons, millers .and grain men at Jensen. The commission has also Issued an or der that all railroads publish an order that where shippers ca'nnot avail them selves of a regularly scheduled refrger ator car, service cars may be furnished at less than carload rates, -mhitmurn. charge 6,000 pounds at third-class, rale; but not less "than $20 per car. .- 4 " ' 1 The application of tho- Washington & We6tern,Telephone company at Vcrdigrs 10 jwiaaie .or .common buxjk nnu makcTVari issue of an additional $5,500 In common stock was allowed, with the ex ception that the amount of the additional stock was cut down to $500. The vail dated stock was Issued In 1909. The headquarters of the alumni com mittee which has been organized to op pose university consolidation have been opened at the Wndell hotel under th high sounding title. Headquarters Un! vcrslty Home Campus Extension com mlttee, whloh Is to be In chargo of cx- Congressman J3. M. Pollard, who repre sented the Interested property owners and merchants In the same causo before the legislature. The opening of the. head' , quarters' is accompanied with the opening of a publicity campaign in the form of a lengthy publlo statement by Mr. Pollard In which he claims to speak "as a farmer," and repenting 'the familiar argu ments against abandoning the present buildings. He goes Into considerable tall to prove that it will becheaper to trr taxpayers to maintain the two wings 'of the university separately, declaring that the three-fourths of a mill levy cannot take caro of both In case removal carries, lie also makes again tho special plea for the boya and girls paying their way through the university out of labor secured in tho city of Lincoln, insisting they cannot find such employment In the vicinity of the proposed new campus. fd A tribute to the life work of Sir. Bent- ley, the Grand Island banker, who drafted the first building and loan association of Nebraska, the act of 1K1. and was president of the State league for elation In Grand Island, an association ... ,.. Th u.. i. Mr. Hentley helped to organize In 1&S1. ton years. The tablet has just been . . .1,1. . . . u and of which he was an officer at the placed on the t ied wall of the new home tme or his death. July 1$, IMS. Tablet is of the Equitable Building and Loan asso-1 bronze, sixteen by thirty Inches In size. Breen Files Brief as Friend of Court in Broadwell Case (From a Staff Correspondent.) LINCOLN, Neb., May 23.-(Speclal.)- In a brief filed by Attorney John P. Breen, amicus curiae, In the supreme court in the case brought by the county of Douglas against Frank A. Broadwell and the American Bonding and Trust company covering the retention of fees by the clerk of the district court of that county for service a a member of the board of Insanity commissioners tn addi tion to the regular salary aa clork of the court, ' In which the court of Douglas county held that the county Commission ers had no authority to compromise the matter of feoa collected by the clerk of the district court as Insanity cminllonor and ordered the amount agreed in the compromise to be returned, .Mr. Breen denlos the right of the lower court to mako such order and holds that as the office of Insanity commissioner Is wholly and separately apart fro mthe duties prescribed by law for .the clerk of the court that he Is entitled to the fees re tained as a member of the Insanity com mission. Mr. Breen' dtci several cases In whloh One Individual may be - holding separate offices and yet at the tame time they are so completely dlffprent In their char acter that they be held aa entirely for eign to each other and the statutes makes no provision for consolidation of fees. He calls attention to the law .Which requires the governor of the state also to bea member of the state Insur ance board, state banking board and other boards, which have nothing to do with the duties of governor. He lays considerable stress on the law or rather the 1809 amendment to tho law which says "If the fees of said clerk shall exceed $1,600 per annum In .counties havlngb less than 25,000 Inhabitants, etc.," and -contends that the court should need no further argument to convince It that the law was Intended to cover and limit fees of the clerk of the district court as such officer and had nothing else to do with any other office which he might be holding. The brief, which covers nineteen pages, simply denies the right of the court to consider the office of members of the in sanity commission as any part or In any way connected with the office of clerk of the district court and therefore all fees collected by the member of the for mer are distinct and separate from those collected as the latter officer and there, fore must be considered as no part of clerk of the court moneys. Man Killed in Motor Accident Near Eustis EUSTIS, Nb May SJ.-(6peclal Tele-? gram.)-Arthur White, aged 27, died last night from the effects of Injuries re ceived In a motorcycle accident. The young man was a Montana homesteader and was here visiting former friends with whorrii he had made hla home for fifteen years. While en route rrom the farm r Byron Dutton to Cozad something hap pened to the machine, causing him f, lose control of It. Eye witnesses say hn was hurled twenty feet In the air. He was picked Up and died a few hours later without recovering consciousness. would be necessary for such an under taking, when experience In this and other countries show that rates are always higher and service poorer under govern ment operation." Xow Bank, at Hare Center. HAYES CENTER. Neb., May :S.-(Sp- clsI.)-The First National bank of this place win begin work within mo next. thirty days on a new bank uuuaing which will be erected Just across the street from their present location on the corner recently occupied by the J. ". Anderson drug store. The building wtii be of pressed brick XxM with a modern plate glass front. SHIPMENTS OF CATTLE FROM STATE POINTS ON INCREASE (From a Staff Correspondent.) LINCOLN, May (Special.) -According to a report made by the State Rail way commission, cattle received from Interstate points haire Increased during the four month of the operating year of 191S-H over the previous year, while Intra state shipments have decreased for the same period at the South Omaha stock yards. ' On the other hand, cattle for warded from the yards to Interstate points are less than .the previous year, while Intrastate shipments are more. Tho re port Is made for number. of cars and Is aa follows: Received from Interstate points ,10,713 Received from Intrastate points 13,901 Forwarded to Interstate point 4,784 Forwarded to intrastate points 1.9U0 Total J asisri S.S60 3.457 5,707 Sale of Automobile Goats XOHX3A.T They are mado of llnsn and silk. THE HOUSE OP MENAGH "The Store for Osntfcwomsn 1013 rarnam St. Young Men always look to us for something special in Clothing Not alone special values, but when they want a special new style, a cer tain fabric, color or pattern, they know this store can come closest to satisfy ing their particular ideas. This all comes about through our making a specialty of Young Men's Wearables. IO -s15 -820 -'25 OMAHA'S LARGEST STORE for MEN AMD BOYS sGjak -Home of Quality p loth eS" Drs. Mach & Mach ...THE DENTISTS... Third Floor Ptxton Block Affinffi Telephone Douglas 1085 AttociaUs Dr. Wilcox and Dr. Scouten OrriOZB THIRD rfcOORFAXTOK BLOCK , . This la tho largest unil best equipped Dental Office Ut Omaha. Seven chairs, whlto enamel, sanitary equipment. Kmploytng in all 10 P0Ple Tho foundnUon of this largo practice Is High Grado Dentistry at reasonable prices. ' rwy If PIONEER PLATTSM0UTH FIRM BANQUETS EARLY PATRONS PUA.TTSMOUTH, Neb.. May K.-(3pc-clal.) Tho C. E. Westcott's Sons gavo a fine banquet In their store Friday veil ing In honor of the thirty-fifth nni verbary of being engaged in the. clothing business In this city. Covers were laid for about 100 persons who had tnded with them during tho year 1579. Attorney R. B. Windham was toastmaatcr and re lated his experience In purchasing his wedding suit on credit In 1879. Thomas "Wile, who came here In 1&5I. told of hla father having killed sixty-five deer in one winter and of some of tho hardships experienced In those days. C. 15. Weit cott of Los Angeles, Cal., father of C. C. 'and E. H., waa present and gave some of his experience In business In the early days and of having had his stock on- unrijr uunouuicu tux-. unci vuiiBflii" latory talks -were given by Rev. K. "M. Krullner, Dr. T. P. Livingston, C. P. Po k. Judge J. W. Johnson, George R. Dovov, J. M. Roberts, cashier of the Plattsmouth State bank, and others. District Court In MudUon. MADISON, Ncb May 23.-(Speclal ) District court took a recess Friday after noon until Monday at 1 p. m. The Jury in the case of Frons Dlttrick agttiiit "William Reeves for J10.COO damages, after being out most of the night, returned n verdict for the defendant and the coxta were taxed to the plaintiff. Motion wOl be made by the plaintiff for a new vrlal. In the case of William Volk against the Iowa Security company. I. Sheridan Will- Jam and Thomas Lackey. Judge Well h Instructed the Jury to return a verdict foi the defendant. Tivvs .Vote of Xorlli llrnil. NORTH BKND. Neb.. May 33.-(Spe clal.) Judge Honsland of North Rend will deliver an addross here for the Grand Army of the Republic pe-st, Memorial day Mrs. Anna Wolfe and htr daughter, Mlra Kthel Roddy, have returned to North Rend from Lusk. Wyo.. where .Mies Roddy las been teaching in th" Lusk schools They will spend this month hT. The North Cend Chautauqua will con ne June IS and continue five days. ALFALFA RATION PROVES TO BE VERY PROFITABLE From a Staff Correspondent) LINCOLN, May a. (Special.) Alfalfa la a profitable crop for the beef produc ers of eastern and southeastern Ne braska, declared Prof. R, TC Bliss of the State university farm to 600 beef pro ducers Friday.- In addition he declared that experiments at tho farm showed that where farmers in the eastern and southeastern sections of tho tat could raise alfalfa, they had a distinct ad vantage over feeders In Iowa, Indiana, and Illinois. In these etates cold pressed cotton seed cake arid oil meal are used. Prof. Bliss declared that a corn and alfalfa ration and corn, alfalfa and a light feed of ensilage produced tho best results last year. According to the tcatfl of Prof. Bliss, the steers fed on a corn and alfalfa ration returned an average profit of $1.41 a steer, Corn, alfalfa and a light feed of ensilage netted an average profit of J2.79 a steer. Corn, alfalfja a heavy feed of ensilage and cold pressed cotton peed cake as a ration showed a loss of $193 a. steer. A ration of corn, corn en silage, cold prefsed cotton seed cake and alfalfa the last five weeks indicated a loss of $3.21 a steer. BROTHER OF MRS. M'GINNIS MURDERED IN MONTANA BEATRICE. Neb.. May 33.-(Ppccln.) Mrs. J. R. McGlnnls was called to Ctil bertson, Mont., today by a telegram which stated that her brother, Roy Jlmeson, had been shot and killed by a ranchman near Mono, Mont. Young Jlmeson te,i on a claim near that place some time ago, and according to reports the man who did the shooting hasbeen trying to force hlin to leavo the claim. Jlmeson wu J years of age and leavos a widow and one child, besides his parents. Mr. a"hd Mm a. W. Jlmeson, of Ciilbertson, three uls ters and two brothers. Mrs, McGinn's was joined at Lincoln by another sister who resides at Minden, Net). nignmUt Pleads Guilty. DAVID CITT. Neb., May .-8pectal.) Franklin J. Crowell, who was given a preliminary hearing In the county cjurt of Butler county Monday on a ritArg of bigamy and wax hound over to the fall term of the district court, pleaded guilty Friday and was .-wntewed by Judge E. B. Good to serve a trm of from one to 'our years In the state penitentiary. Kheilff West took him to the penitentiary yesterday. PHONE MEN COMBATTING GOVERNMENT-OWNERSHIP GRAND ISLAND, Neb.. May M. (Spe cial.) A meeting of the managers of the Nebraska Telephone company ' In the Grand Island district was held In this city yesterday to discuss the government ownership proposition, and means to com bat public sentiment In that direction. Tho main address to the thirty managers of tho district present, the district compris ing all of Nebraska west of Grand Island, was made by Commercial Superintendent L. B. Wilson, of Omaha. "A movement is now being made by certain officials at "Washington," said Mr. "Wilson, "to have the United States Post office department take over the telephone and telegraph systems In this country and we deem It the duty we owe our sub scribers and our employes to give them all the facts and figures In our possession on the subject. 'If th people knew the real facta as to what could be expected In service and rates If the government should take over these utilities, the people"would never assume the enormous naiional- debt that ECZEMA LIKE LIVING FIRE On Head and Face. Itched and Burned Terribly. Would Form Scales. Hair All Came Out. Eyes so Sore Could Hardly See. Cuticura Soap and Ointment Cured. R. F. D. No., 1, Box 87i MichigSji City, Ind. "I had the eczema orrmy head orer since I could remember. It woud Itch and burn terribly sometimes. It ctrae on my face and was like a living fire. My eczema was llko pimple and if" I 'scratched them they would bleed and form scales Ilka finger nails. I bad scars an orer toy face. I could not steep because It Itched, so badly and I would scratch. My balr ill came oat In one week. My eyes got so sore that I could hardly see well. I suffered terribly and I thought there would be no'edre for me. ''I treated and spent fifty dollars and got no help. I was discouraged. My sister came to see me and she told me.to try Cuti cura 8oap and Ointment. I would hatha In bot water and Cuticura Soap and then put the Cuticura, Ointment on twice a. day, morning and night, and hindage my fare and head as much as I could. I used three cakes of Cuticura Boap and two boxes of Cntlcura Ointment nd my cure is com plete." (SIgnndj Mrs. W.-U". Rhode. Oct. 23. 1913. It costs nothing to learn bow pure, sweet, effective and tatlifylng CutlCura Soap and Ointment are In tho treatment of poor com plexions, red. rough bsndi.l Itching scalps, dandruff, dry, thin and falling hair, becaUM you need hot buy them until you-try them. Although sold everywhere, samplo of eacb will be mailed free.with 32.p-. fikin Book. Ad dress post-card "Cuticura. Dept. T, Boston." PT"Mon who share and ham poo with Cu ticura Soap will find It lwi for k1 and ln SALE OF CAPES MOOT3AV $35.00 values 119.85 $15.00 values . 14.73 THE HOUSE OF MENAGH "Th Store for OeatUwomtH." 1613 Trnam St. 0 Any Bicycle in This $10,000.00 Stock Any Item In the West's Largest Bicycle Sundry Stock at 20 off Omaha In fact all Nebraska Has never before bad a sale like this 20 OH Boyi' and Girls' WHEELS Am Low Am LLLLLLLfe. s-X Wt just concluded that we're TOO MUCH of & ttoek of '.Blcrolea ead Bicycle Tim, So? dries and Accessories., and we figure that a CUT PRICE) will MOVE the Borplua Quickly. It ian't often that you are offered TWENTY" PER CENT dUioomU-ONB-BTFTH OFF oa new, reputably made wheeli and acccnaoriea to say nothing of the J Automobile Tire Pump which we will gire FREE) with erery bicycle sold during thla Bale. Hera ember, the Mcyele seaaea la ON and this discount la In order whether yoa bay by mail or In perse. Note the Makes The "Raeyclfc,w "Crescent" "Gendron," VIIclcel' and others as good. FREE! A $2.00 Automobile The Pump with evety BieyoU Sold And any Bicycle, mind you, at 20 off. MICKEL'S Nebraska Cycle Co. Corner 15th and Harney Sta, - - - Omaha. 334 Broadway, - - - Council Bluffs, la. BBS 9LmmmeHm23JttBmmmmmr LUXUS MERCANTILE CO. DISTRIBUTERS Phone Doug. 1889 : : : : and have a case sent home south JV 100 1 A HA NBAS WHY IS OMAHA? FOLLOW any of hor 17 railroads 100 miles and yon have the answer. It's the rich farming ter ritory from Chicago to tho Bookies and from Fargo to Kansas City with its educated farmers, high priced farms and hnmper crops that have made Omaha. These farm homes huy immense quan tities of all advertised goods and they are easily susceptible to advertising. Apply this condition and fact to your business. Use this rich, easily acces sible market Reach these homes through Missouri River Valley's great est weekly farm paper- Twen tieth Century Farmer. Circulation, 108,000; display rate, 50c per agate line; classi fied rate, 5c a word. TWENTIETH CENTURY FARMER OMAHA, - NEBRASKA wp mil win ASK FOP (SAMPLE COPY J)