THE BEE: OMAHA, SATURDAY, MAT 3,0, 1914.
They Say:
The traveling
public tells us
that nowhere is 1
there a shop
with a name so
unusual as
ours.
Well, it's OUR NAME
PRAY and it stands
1 1 for Men for men 's wenv
"that is different" and
wo back that assertion
with the goods unusual
ly good merchandise, at
moderate prices.
Thousands of "home
folks" know Hint we
"make good." We enjoy
a splendid patronage
from patrons who come
again and again and wo
hope to have YOU try us
come in I tomorrow or
Saturday-r-and see how
well prepared we are to
clothe you from suits to
socks.
psay
FOR MEN
508-510 SO. I6th
SIX
ECONOMICAL
LIGHT WEIGHT
1575
Perfect in balance
and alignment;
running without
Vibration.
That is the Studebaker SIX
motor (3l&x5 Inches) a
splendid example of the
block casting type and the
small-bore, long-Btroke prac
tice. It' hu been called one of the
most perfectly balanced motor
in the world.
This balance Is attained only
. through Studebaker manufacturing-
methods which, specify
(he raw mctnla, make the
castings, do the heat treating,
machining and g r 1 n d 1 n g
everj'thlng,
Economy and efficiency in the
highest degree are the result.
Smaller gasoline consumption
than a( "Kour" of same dis
placement: actually more
usable power, because of con
tinuous torque.
No annoying vibration; smooth
running; alignment permanent
because all cylinders arc cast
In one piece.
Care and closeness in manufac
turing balance: light weight;
economy and t easy riding
thee are the symbols of the
Studebaker SIX.
Send for the Studebaker Proof
Book, describing Studebaker
manufacturing methods.
r. O. B. Detroit
FOUfl Touring Car. . . . J1030
SIX Touring Car $1575
SIX Landeau-Roadater J1800
SIX Sedan S225U
WILSON,
2429 Farnam Street,
Local Dealer
It Because It's a Studebaker
3uy
m
THE
TALK OF
THETOW.
THE BEE'S RElAL
ESTATE COLUMNS
today ore worth looking over.
You are doing yourself an in
justice If you fail to share in
the opportunities offered.
r
Nebraska,
AUDITOR LOSES HIS SUITS
Insurance Code Bill Upheld by the
Supreme Court.
ACTS HELD CONSTITUTIONAL
.lodnfK Kind Aathlnsr In Menanrr
that Itendera It N'roeanary to
ClinnRp Procedure l.nld Dnrrn
li- Inanrnncr nonrd.
I Fro in a Staff Correspondent!)
LINCOLN. Neb., May 29.-(5peclal Tele
gram.) The Insurance cases brought by
Stato Auditor W. n. Howard wero both
decided by tho supreme court today
against the state RUdttor. The writ of
mandamus was overruled and the quo
warranto suit dismissed.
The constitutionality of the new law Is
upheld.
Another case from Boono county which
has been long In the courts, was also
among the number, and one or two minor
cases from Douglas county comprised
the bulk of the opinions.
The cases Involving the constitutionality
of the new code Insurance law were
brought by State Auditor V. B. Howard,
on an application for n writ of mandamus
against the lnsujnnue board created by
thb new law asking for the return of the
department to tho Jurisdiction of the
auditor's office. The other was In the na
ture of a quo warranto proceeding against
I,. 0. Brian denying his right to act as
insurance commissioner.
I The controversy arose over the action
of the last legislature in passing the new-
code insurance law which created a board
of Insurance consisting of the governor,
attorney general and state auditor.
Whnt Court Snya.
The syllabus of the court Is very com
prehensive and Is written by Justice Let
ton, as follows:
1. A comprehensive act of tho legislature,
such as chapter 134, laws of 1913, com
lncnlv known as the Insurance code, con
sisting of eleven articles and 1S3 sections.
tho evident purpose oi us enacimcnv u
lng to cover and codify the law upon the
ivimU eiiliWt nf inmirance will not bo
held Invalid for the reason that a portion
of a proviso to one stctlon. was not cor
rectly copied into me enronea mn wmcu
was signed by the officers of the legisla
tion and bv the coventor, or on account
of the Inclusion in another section of an
Invalid minor provision, when It does not
appear that the defective portion consti
tuted the inducement to me pqsshso i
the act, and when the objectionable parts
may be eliminated and still leave1 an on
forcible law which expresses the legisla
tive will. , , , ,
2. In order to Justify the courts In de
claring Invalid, as a delegation of legis
lative power, a siaiuie coniernnx jmi
Ucular duties or authority upon adminis
trative officers, It must clearly appear
beyond a reasonable doubt that the duty
or authority so conferred Is a power that
appertains exclusively to the legislative
department, and the conferring of It Is
not warranted by the provisions of the
constitution."
I,hit 'ot Inconsistent.
3. By the terms of t)ie act the Insur
ance board created thereby, Is directed
to prepare a form or lire insurance jjuuvjt
"as nearly as practicable In the form
known as the Now .York standard.' Many
provisions are contained In other sections
of the act denying contract provisions
contained in tho Now York standard form
and permitting others not so contained.
Jleld. that it was the Intention of the leg
islature that he. New York form should
be adopted as the baBls Of the Insur
ance contract and that the words as
nearly as practicable" should be con
strufd Ho mean "as nearly as practic
able" considering all other provisions con
tained in the Insurance code which ore
inconsistent with or modify the pro
visions of the New York standard form.
4. The duty of tho board In this regard
Is to arrange and prepare In proper form
the form of contract required under this
statute, omitting all provisions of the
New York form which arc In conflict
with tho provisions ot the code. Its
duties are. therefore, ministerial or ad
ministrative and not legislative and .ho
srctlon Imposing the duty Is not an un
constitutional delegation of legislative
pnwor
5. That portion of the section referred
to which provides that tho New ork form
shall be used ns It "may be hereafter
constituted Is Invalid because Its effect
would bo that the future action of the
legislature of another state would govern
and control the duties of officials in this
state, and would require legislative nc-
Mnxlmnm Ilates.
tlon by tho board.
6. Sections Hi, US and H9 of the act In
question permitting the establishment of
maximum rates of premium for surety
and fidelity companies under certain cir
cumstances, by the insurance board, are
not void on account of taking property
without due process of law or as being
an unlawful delegation of legtalatlvo
power.
7. "Authority to make rules and regu
lations to carry out nn expressed legis
lative purpose or for the complete opera
tion and enforcement of a law wlthtn
designated limitations is not an exclu
sively legislative power. Such authority
Is administrative in Ita nature and Its
use by administrative officers Is essen
tial to the complete exercise of the pow
ers of all the departments,"
8. The court in an action brought by a
public official and member of the board
created by the law will not anticipate,
for the purpose of declaring a law un
constitutional, that the acts of the board,
to which is committed its admlnlsratlon,
will In the future Infringe upon the rights
of 'others, or deprive persons of property
without due process,
9. The state may impose such condi
tions and limitations an It sees fit uppn
foreign corporations' seeking the privilege
of doing business Ip this state.
Hospital Winn fair.
The case brought in the Douglas county
district court by the Omaha General hos
pital against Robert C. Strehlow, a con
tractor, to collect hospital epenses for
services rendered to John T. Anderson,
an employe of the contractor who was
Injured and taken U the plaintiffs hos
pital, whero he died, is decided in favor
of the hospital, and the judgment ot the
lower court, which gtrve the plaintiff J 15,
Is affirmed.
I) I mu I mini ot Suit Slnnda.
The court affirms the holdings ot the
Douglas county district court In the case
brought by Clara Music against William
T. Adams and others for personal In
juries alleged to have been sustained by
her falling over a pile of dirt upon ths
walk In front of property owned by the
defendants. The lower court found for
the defendants and dismissed the suit
and the plaintiff appealed.
HiiIiIh Woman Was Married.
The case of Reynoldson against Hey
noldKon brought from Boone county and
which has been In the courts several
years and in supreme court two or three
years, involving the validity of a mar
riage between Charles Reynoldson, a
wealthy farmer of Albion, ltd Vivian
Reynoldson, who at the time of the mar
riage was alleged to be the common law
wife of James noyer, who testified In
tho lower court that while he and Vivian
occupied a cell In the Jail at McCook a
marriage con tr art was entered Into be
tween them as follows: "Wo agree to
i live together as man and wife." and had
done so continuously until July 4, 1910,
was decided In favor ot Mr. Reynoldson,
thb court holding that the Judgment or
the Boone county court should be af
firmed. The syllabus reads:
The contract requisite to the creation
of the marriage relation need not be ex
pressed In any special manner or by any
! prescribed form ot words, but may be
Nebraska
sufficient evidence by any clear and un
ambiguous language or conduct.
Evidence examined. Its substnnro stated
In the opinion and held sufficient to sus
tain a finding thsl when the marriage
ceremony was performed between plain
tiff and defendant the defendant was the
common law wife of one James S. Boyer.
and therefore was incapable of entering
Into the marriage relation with the plain
tiff. COMMENCEMENT AT
WAYNE NORMAL SCHOOL
WATNE, Neb., May t9.-(Speelal.)-TTio
commencement season of the tourth an
nual commencement of the Wayne Stato
Normal school opened last Friday eve
ning, when Mrs. Esther Walrath Iash
and DeWltt Durgln Lash gave a concert
In the Auditorium under the auspices of
the department of music.
On Sunday evening, May 21. all tho
church congregations of the city united
for the services, which were held at the
Methodist Episcopal church. Tho music
was furnished by a large chorus under the
direction of Prof. J. J. Coleman. Tho
baccalaureate address was delivered by
Dr. J. A, Bcattlc of Lincoln, who gave a
very Inspiring address to the class ot 1914.
The exercises of the training school
were held on Monday morning, the kin
dergarten and all the grades being repre
sented In the program. On Monday ete
nlng a Joint recital was given by tho
Normal school orchestra and the advanced
students of the department of expres
sion. On Tuesday morning the Normal
ladles' quartet, assisted by Ensign Young,
accompanist, gave a delightful program
In the chapel. The personnel, of the
quartet Is as follows: Ardath Conn, first
soprano; Marjorle Kohl, second soprano;
Bessie Crockett, first alto, and Alice Sa
bln, second alto. -
A great deal of Interest centered In
the senior class play, which was pre
sented by tho class of 1914. In tho opera
house) at 'Wayne on Tuesday evening be
fore a large audience. The class chose
a dramatization of Winston Churchill's
novel, "The Crisis."
The annual literary contests between the
Phllomathean and Crescent literary so
cieties took place on Wednesday evening.
The following Trere winners In tho vari
ous events: Herbert A, Welch won first
place In the oratorical contest; Miss Mar
jorle Kohl was the winner In the 'reading
contest; John Rockwell secured first place
In the essay contest, and Eugenia B, Mad
sen was voted the decision in tho debate.
The Judge were Superintendent William
Fleming of Lyons, Rev. IS. E. Hatfield
of Wakefield and Attorney Howard Sax
ton of Pender.
STRANGER IN GRAND ISLAND
TRIES SUICIDE IN SALOON
GRAND ISLAND, Neb.. May 29.-(Spe-eial
Telegram.) A well dressed young
uian, a stranger walked Into a saloon
this afternoon, ordered a glass of beer,
turned away from the barkeeper for' a
moment and upon again facing hlni de
clared he had taken "three ot these"
pointed to a little box of bichloride of
mercury tablets.
special officer, engaged by the saloon
men to aid In the enforcement of liquor
laws stood near and seized the man who
at the same time went into convulsions.
The stranger was taken to police head
quarters.'' Not a lerter'arfwritteri' memor
andum of any kind was on his person to
Indicate his Identity and- In a few
conscious momenta he refused to state
who he was.
RESIDENT OF NORTH BEND
SH00TSSELF IN HEAD
FREMONT, Neb.. May .-(Special Tel
egram.) William Mnben of North Bend
shot himself through the hrad In the
toilet room at the Union station about
6i30 o'clock this afternoon and probably
will die. Tho bullet entered just back
of the right car and passed straight
through the head. Ho Is about 55 years
of age and formerly lived on a farm, but
for somo time had been living in North
Bend. A numnrr of certificates of de
posit in North Bend banks were on his
person and considerable money!
No reason is, known here for his act.
Commencements,
BEATRICE, Neb., May 29.-(fipeclal.)-The-
graduating exercises of the high
school were held at tho Paddock theater
Thursday evening before a large audience.
Rev, Naboth Osborne, pastor of the First
Congregational church of Burlington, la.,
gave the address to the graduates, his
subject being "The Meaning of life."
Special stress was laid upon human Indi
viduality throughout the sermon. The
class oration was given by Raleigh Mc
Vlcker, the class poem was read by Miss
Irene Schroeder. and Gale T. Cummtngs
gave a brief history of the class. Seventy
two were given diplomas, the largest
class In the history of the Beatrice high
school.
VALLEY, Nob., May J9.-(Specla.)-The
following program for the closing
exercises of the Valley public schools was
carried out this week: Baccalaureate ser
mon, Rov. B, A. Fye at Methodist Epis
copal church Sunday evening; Tuesday
evening eighth grade class play In Valley
opera house, diplomas given class of four
teen pupils; Wednesday afternoon class
day exercises in opera house. Commence
ment exercises wero held In the opera
houso Wednesday evening. Dean B. L
Roues of Peru gave the address to th
class. W. B. Weekly, president of tho
Board of Education, presented diplomas
to the following graduates, the largest
class over graduated from tho Valley
High srhool: Helen Bailor, Hazel Byars,
Wade Caldwell, Harry Cao. Muriel En
field, Teresa Fltsgetald, Hal King, Man
fred Ulllefors, jr.; Mae Lutton, Lillian
Lydlck, Mabelle Peterson, Eleanor Pet
erson, Verdllla Rice and Jeanette Wick
lund. Snfr rtohlicd at Sr.wnrd,
SEWARD, Neb., May 2. (Special Tele
gram.) The safe of th Seward Lumber
company was robbed last night of $1S5
and a few non-negotiable checks. Tho
burglars gained entrance through a win
dow and broke open the cash box ot the
safe, which had not been locked.
Tired Frellnsr Sirollen Ilauds anil
Pert Doe to Kldner Trouble.
Your kidneys surely need help and
quickly when your hands and feet
thicken, swell up, and you feel dull, slug
gish, lose your energy and appetite, and
there Is a puffy look under the eyes.
Take Foley Kidney Pills at once. They
act directly and quickly, and the result
Is a regular normal action that keeps tr.o
irritating poisonous acids out of your sys
tem. Use no substitute. For sale by all
dealers everywhere. Advertisement.
Nebraska
Part of Insurance on
Ship Rewritten at
Nearly 50 Per Cent
I.ONDON. May S9.-The flags op the
shipping offices In London were half
masted on receipt of the news of the dis
aster to the Empress of Ireland.
The 'Insurance held at Lloyds on thn
Kmprcss of Ireland amount to JIX,000.
When the first news of the accident ar
rived a considerable amount of reinsur
ance was effected at 4U per cent.
Tho Empress of Ireland was a twin
screw vessel of 14.191 tons. It was built
In Glasgow In 190$ by the Fairfield com
pany, limited, and was owned by the
Canadian Pacific Railway company. It
carried a full wlteless equipment.
j The Storstad registered 6,1S tons. It
'was built by the Armstrong. Whltworth
j company nt New Castle In 1911, and Its
owner Is tho Dampak Aktleselk Maritime
!of Chrlstlnnla, Norway. It Is a single-
screw vessel and In loaded with coal, It
i carried a crew of fifty men.
The disaster recalls the accident to the
sister ship of the Ill-fated vessel, the
F.mprcs of Britain, which, two years ago,
rttmmcd and sank the collier Helvetia In
almost the same place that the collision
look place this morning.
Receiver Felton
Says Railroad is in
Need of Money
President S. K. Felton of the Chicago
Great Western, and who Is also receiver
of the Perc Marquette, operating l.VM
mile of road, motly In Michigan, Ik
sending out word that unless heroic
measures aro adopted the last named rail
road Is soon likely to become a thing of
the past.
President Felton asserts that the Tcre
Marquette Is In a bad way simply because
enough money cannot be secured to pay
operating expenses and because more can
not be borrowed. He says the prospects
tor a bumper crop alt through Michigan
were nover brighter and If the Perc Mar-
quetto had money to Improve Its roadbed
and repair and buy equipment Itcould do
a moneymaktng business. He adds that
thin 'money is Just what the road, lacks,
that the property Is run down and that
It looks as if the time Is not far distant
when If some of the strong lines do not
take thn Pero Marquctto over It will
simply have to go out of business. Ac
cording to his report not enough money Is
being taken In to pay salaries and buy
the necessary supplies.
Notes from Beatrice
and Gage County
BEATRICE. Neb., .May 29.-(8peclal.)-
Tho will ot Andrew- Rico, who died forty
years ago at Mt. Morris, III., was filed fot
probate In county court Thursday. He
owned Gage county property and left
everything to his widow. The petition
filed Thuisdar states that her residence
Is unknown, and asks that'C'Ni Hinds
ot Odell be appointed administrator.
R. J, Jackman, a former Beatrice "resi
dent, 'who wasrk'lllcd nt St. Louis Wed
nesday In an automobile accident, left
Beatrice about two years ngo. He 'had
been a resident ot Beatrice for twelve
years, and while here ho was left a small
fortune of $30,000, which he spent In try
Ing to get a string of fast horses. His
wfe and children have been living in
Ohio since their removal from Beatrice,
two of his daughters bcng employed us
scho61 teachers.
J, H. Fuller, who located at ll.olmcsvllle
when tho townslto was first laid out,
and who had been In tho mercantile busi
ness thcte for years, died Thursdny, a$cd
70 years. He loaves no family except h(s
widow.
William Coughman. also a resident ot
that place, passed away Thursday. He
enme to Holmesvlllo In 1SS4 from Goshen,
I nil., and was 0 years ot age. He Is sur
vived by his widow and five children.
Rock Island Terminal
Company for Douglas
LINCOLN, May 29.-(Speclal Telegram.)
Articles' ot Incorporation, the object of
which Is to operate a railroad In Douglas
county, with all terminal facilities, were
filed with the secretary ot state today.
The company will be known aa the Rock
Island Omaha Terminal Rillway com
pany, with a capital of J10.C0O. The In
corporators are E. P. Holmes, George L.
Delacey, Bruce Fullerton, Fred Funhe
and Frank H. Barnes, all Lincoln mn.
Holmes Is the local Rock Island attorney
hero, DeLacoy Is his business partner
and Barnes tithe local agent of tho
Rock Island.
SEVERAL CHANGES IN
ROCK ISLAND OFFICIALS
Effective June 1. these changes will oc
cur in the official family of tho Rock
Island road: A. 6. Collins becomes gen
eral dairy agent, with headquarters at
Cedar Rapids, la., succeeding Irving
Mitchell, deceased. Fred Smith, for a
long time assistant general freight agent
at Kansas City, resigns to engage in the
grain business. Ho will be succeeded by
J. C. LaCosta, chief of tho traffic bureau
of Chicago, he belnff succeeded by F. K.
Crosby, chief clerk to Freight Traffic
Manager Gnwser
POLICE ASKEDT0L0CATE
DAVIDSON AND HUISMAN
The Omaha police have been asked to
atslst, In finding two men who are sup.
posed lo bo In qr near the city now. The
Mothodist board of education at New
York is seeking the whereabouts of C.
W. Davidson, who was connected with
the South Omaha police force about six
years ago. Friends abroad are asking
for assistance In locating Thomas lluls
inan, who was supposed to be in jail here.
Neither of the men have been located.
FOUR NEBRASKA GIRLS
GRADUATE AT EVANST0N
BVANBTOK, III., May .-(8poial Tel
euram.) Uuth .Capps and Helen Rteln of
Hastings, Ethel Dunn of Osceola and
AVInnlfretl James of Kearney graduated
from Northwestern university oratory
school last night.
Key to the Sltuatlon-Bee Advertising,
Decoration Day,
This Store
Keeps Open
All Day.
With
and June Just Around the Corner -Surely
You'll be Wanting a New
Quality Suit
Superior Showing of Special Value Suits, $10-$15-$20
Clothes of tho hour, crowded with faultless style every
suit has tho appearanco of boing worth from $5.00 to $8.00
more, and they don't deceive their appearances. Varieties
aro almost unlimited. Mori of ovory taste can bo suited and
men of every size can be fitted. ,
$25, $30, $35 for Finest Hand Tailored Clothes
1 1 1 ' 1,1 1 1 ' a 1 , -
Don't think all clothes at these prices are the same. Here's
a store that claims the exception. Our suits have t every "7
ounce of character and individuality that marks the produc
tions of the most exclusive tailor. Our varieties aro many
times greater and our prices just about half. Wo invite 1
inspection from you. v
We're "it" for Straws .
$1 to $10
Every sort and every size is on bur
shelves.. Sennits, Milans, Braids,
Bangkoks, Panamas and all the
rest, shapes for every face. Expert
Hatters to serve you and our values
are not duplicated anywhere,
Boys' Clothes Shop Features Exceptional
Fast Color Shirts
$1 to $2.50
Not only claimed to be fast,
but guaranteed to be fast, either
soft or laundered and hundreds
of patterns for your choosing.
KING-PECK CD.
af ffoward"
TRAFFIC OFFICIALS OF
GOULD LINES ARE TO MEET
A family meeting of traffic officials
of the Missouri Pacific, the Iron Moun
tain, the Denver A. Rio Qrando and tho
Western Pacific lines, all of the Oould
jyatftm, has been called for Salt IjiK,
June-1 to 3. Upon the close of the meet
ing, a special train will carry the of
ficials to San Francisco. The Omaha of
fices will be represented by T. V. Ood
froy. general agent of the passenger de
partment, and A. Tl. Malcomb, assistant
general freight agent.
Madison Conntr Nates. .
MADISON, Neb.. May .-(3peial.)-In
th case of live statq of Nebraska against
Edward House, charged with arson, the
Jury found the defendant not guilty.
The Jury was empanelled and witnesses
examined for ths prosecution In the case
of Resale Juckett against Samuel Bren
nan, a saloonkeeper of ltoyal, and others.
.fit:. ..'vlVv N.: :V-:'W.
Decoration Day
Hundreds of mothers of Omaha boys have spoken in very
complimentary terms of these special value suits, the styles
are top-notchers, patterns so different than one usually en
counters and their fitting qualities are faultless. Your boy
is sure to need a suit, why not bring him in tomorrow?
OMAHA'S LARGEST "STORE for MEN
"-HOME of QjJALITY CLOTH ESj'
The plaintiff brings action to recover
damages In the sum of. 131,000. Juckett
was found'dead In his wagon near Iloyul
and the plaintiff charges that his death
resulted from an oxeosslve use of Intoxi
cants and when under the Influence of
liquor.
Albion liny Klllril hjr Tarr.ln.
ALBION, Neb., May .-(Kpeilal Tele
gram.) A fatal accident occured sU miles
north of this city yesterday. Albert
Daniels, a seventeen year-old son ot Si
las Daniels, was assisting In some roud
work repairing a culvert, when tho em
bankment caved In crushing his head
and causing Instant death.
Mn Untlnl fttntr nett-gatea Aboard.
8EATTI.15, Wash., May 2.-There wer
no United Mates delegates to tho Sal
vation Army world'a convention on the
Empress of Ireland. The ten Orton and
Washington, twenty-four California and
fifteen Colorado, Montana and Utah dele
gates will call from New York for Ixm-
Watch
Oar
Windows
Here
Summer Footwear Values
$3 to $5
Specializing in good shoos for Men
has earned us a liberal following of
discriminating dressers who buy
here every season, because quality
is never sacrificed, service is the
best and values the greatest.
Values at $5 and $6
Hot Weather Underwear
50c to $5
We've the coolest underwear in
town, every good style, every
known fabric, and a range of sizes
in overy grade sufficient to fit
all comers.
AND BOYS'
don on the steamship Olympic tomorrow,
according to Salvation Army officers here.
POLYGAMY NO LONGER
PRACTICED SAYS SENATOR
WASHINGTON, May 39.-Potygamy no
longer Is practiced by Mormons In Utah,
Senator Sutherland told the senate today
after the reading of a petition from
citizens of West Durham, N. C. presented
by Senator Overman, protesting against
It.
"Polygamy." said Senator Sutherland,
"has been absolutely abandoned in Utah
and has not been practiced for many;
years. There are attll somo old peopls
wji6 entered that relation many years
ngo who still maintain their households.
T am sure that If the question were sub
mitted to. a vote ot the Mormon people,
they would never decide to return to
polygamy."
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Key to the Situation Bee Advertising.