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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (May 30, 1915)
REDICK UPHOLDS MERGERELECTION Eefmet to Grant Injunction to Stop ' Annexation Election Here I Next Tuesday. j COMMISSIONER LAW VALID, TOO' District Judge Kediek yesterday, refused to issue an injunction pre venting the holding of the annexa-j tlon election June 1 on alleged grounds of unconstitutionality of the . annexation and election commis sioner laws advanced by W. L. Selby of Dundee, the plaintiff, and his at-j torneys, Murpay and Winters of South Omaha, and Samuel Cottier. ' "Both laws are reasonable expres sions of the legislature la their class- ! lfication of the lnun.cipalitles to be affected by them, and are not special . or local legislation," said the Judge. '. He sustained a demurrer which had been Interposed by John P. Breen, author of the law, and attorney for i rM.i r. I ijicvuun wuiiiiiuaiuuiirr iianey muor- head, the defendant. No attempt to srenrr- an immediate hearing: of the tiutt In supreme court will be made, aocordlnit to Murphy and Win ters, but a new suit wtU be started after the election in an attempt to prevent the validity of tho decision of the voters, ahould It be ia favor of annexation. May Start More Salt. "Sevoral injunction suits may b started," said Samuel Winters. Judge Rediclc laid stress on the fact that It is considered the duty of courts to construe laws as constitutional. If auch a construction Is possible. He re marked In this connection: "It Is hardly necessary to remind HtlK ants and counsel that the question of whether or not an act r.f tho legislature Is void as being; contrary to or not within constitutional provisions Is the most seri ous one presented to courts for decision. principally owing to the fact that the tribunal Is dealing with an Indlpcndent branch of the government and ito power to decide arises only from the absolute necessities of the case." Rests with Legislator. Regarding the constitutionality of the annexation law, Judga Redtck raid in part: "Classification of municipal corpora tions Is within the power of the leiurla ture and classification based upon sub stantial differences in population It. con stitutional. "All laws of a general nature must operate uniformly throughout the state or upon the different ( classes to which they are to be applied. "Population Is not the only basis upon which classification may be founded. The subject rests with legislatures and their enactments are not subject to interfer ence unless classification is artificial and baseless, 1 Object la Consolidation. "The object of the act la to consolidate Into One corporate body all cities of what ever class having such relations with each others as In the thought' of the legislature make such amalgamation wise or expedient. To It eight objections have beeii urgodJr The decision disposes of the objections in part as follows: "Can It be said that the facts that the inferior municipalities are mainly sup plied from a common water works plant, and with gas, electric light and street car service from plants mainly located In and operated from the metropolitan city are so foreign to and disconnected from a proper basis upon which the leg islature In Us wisdom may authorize auch cities to be consolidated as to amount to mere identification? Bear ing in mind that the subject of consoli dation of cities is purely legislative, it necessarily follows that that body may prescribe conditions upon which consoli dation may be affected, and the only restriction upon the legislature In that regard Is that such restrictions shall be reasonable. "What stronger argument can there be for gathering people together in one com munity or under one governmental head than the very facts recited In the actT Municipal Ownership Probable, "I do not consider that the possibility of a metropolitan city holding Us own waterworks and the other conditions of common public utilities serving the ad joining communities are remote in any other sense than that it may require the lapse of a number of years befora such conditions may bo complied with, but as to the first of these conditions, the public ownership of municipal water systems Is not only a possible future event, but a most probable one, as to the other conditions they exist to a greater or less degree In all the princi pal cities of the state. austalua 'fmimtKtoner I, aw. "The argument that there may here after exist metropolitan cities and sur rounding towns complying with every other condition set forth In Section 1. end yet because of the possible fact that the county containing such metropolitan city did not have a population of 13",000 and therefore did not have sn election com missioner, such metropolitan city would be deprived of the benefit of the act. I think la too Imaginative and speculative to form a proper basis for declaring an act unconstitutional. Judge Redick sustained the elertion commissioner law. which was also at tacked In the suit In the following lan guage: "The points made are that no other county can ever come In under the provi sions of the election comnilnsloner act because of the requirement that within thirty days after the act becomes a law the governor shall appoint such commis sioner, the argument being that the time of the appointment of the officer is so limited hv the provision that a county subsequently acquiring I6n,fti0 population would exist without any authority In the irovernor to appoint a commissioner. "Believing It to be the duty of the court to sustain the law If possible, I think It would be entirely competent to construe that provision In one of two ways: First, that the provision being temporary and for the purpose of putting i. i,,t, effect, that Ihe power of appointment would exist at to a county subsequently aiqu.iing the requisite cop ulation, hclding tt the expref slon. "within thirty days after this Mil shMll liave become a law.'- as applied to such oi.nl v the uinn as though It bad len within thirty iuvs ufter this act shall leromr uptlicablc lo tny county the governor shall atpoint. or secondly, as suggested by counsel for defendants, the term, 'election comnilaiioner' might le construed as descriptive only and Ih made applicable to such officer or olfl- OMAHA BOY WHO WINS HONOR AT U. OF N. V WUerA 1 7 -r- Walter A. Hixenbatigh. Jr., of Omaha has been chosen as delegate of th World I'olity club of the University of Ne braska to the summer conference of the Carnegie endowment for the Interna tional Conciliation, which meets at Ilhgca. N. T.. Juno 35 to 30. With Mr. Illxcnbaugh will go C. A. Horenaen of Loup city and I-eni famuelaon of Hlldreth. All three men are prominent in university circles. Sorensen was editor-in-chief of the Pally Nebraskan last semester and Famiwlson Is edltor-lu-chlcf of the Cornhusker. Hlxcnhaugh was chosen by the Polta Chi fraernlty, of which he Is an active member, ns their delegate to the nattonal conven Ition, which meets at San Kranolaco, August 20 to September 5. cera upon whom the duty of conducting elections resting In the county In ques tion or in the new county coming- under the operation of the law. Not Obnoaleas. "That such a provision cannot have the effect of rendering an act otherwise gen eral in Its terms obnoxious to the consti tutional provision against the enactment of special legislation Is held In 74 Neb., G49. . "It Is further objected that the expres sion 'having a population of lM.OOO or more" makes the act applicable to only such counties as had the reoulslte pop ulation at the time of Its passage and Is therefore special ami local. In all tho acts classifying the cities of the state except metropolitan cities the same ex pression Is found. It lo further contended that the act can only apply to existing counties by reason of the tlmo limit for the appoint ment of Judges of election contained In section Z316. What has been heretofore said as to the first objection Is applica ble here. "Tb attorney for the plaintiff Is to i be commended for In effect apologizing for his attack upon a law which has re- l celveJ the almost universal commenda tion of the citizens of this state and com munity as well as upon the Incumbent of tho office of election commissioner, whose administration thereof is believed by many to be above criticism. These considerations, however, have not In fluenced me In the decision of the ques tions submitted." COUNTY OFFERS REWARD FOR HATCHET MURDERER The Board of County Commlss'.onera has passed a resolution' offering a re ward of $200 for the capture of the rlayer of Miss Ada Swanson, the vlc'.lm of Omaha's recent hatchet murder. Bailey Service Is of proven worth. Sowing Clrcb Uiih iicli I71ibp:nng Before the stork arrives there Is much to talk about Thof comfort of the cxpeoi tant Bother la the chief topic And thera la sure to be someonei ! who has used or knows; of that splendid ejrJ tcrnal help. "Motber'rt Friend." It b applied to the abdominal mus cles, gently rubbed In and has a most pro nounced effect as a lubricant. It soothes thl network of nerves, enables the muscles to expand naturally, relieves strain on lit llt merits and thus sets at ease any undue strain on the organs Involved. And it docs this with, perfect safety. Expectant mothers thus go? through tbe ordeal with comparative ease ami comfort. Knowing asothera who bave used "Mothers rrlend speak in glowing terms or the absence of morulng sickness, absence of strain on tho ll-raments and a freedom from I many other distresses. One of the most important symptoms td be relieved by "Mother's Friend" is the low Imagroatloa that so often dlitiirbs repose. raina, even though natural, may so d,tort the mind that undue apprehension will srniv times follow. The gentle, soothing Iiif1uenr Ot "Mother's Friend gives the mind sul j ttantlal aid to become conscious of strrngt ' and there Is real, physical sensibility r,, muscular vigor as evidenced by freedom f ronj j undue strain. I Too can get "Mothers rrlend at any drui rtore or they will gladly get It for you. Writo today to Bradnrld lUjrtuator Co., lui Lamnt llldg, Atlanta, Ge. for a hlfhjy Instructive book of great value to all expectant mother. It contains a valuable expectancy chart, ruler oa diet and la brimful of auggesUoos that a I women will appreciate. Why Do You Hesitate! If you have a small ravlly In your tooth, hav. It rilled at onro you will sv. ths cost of a rrown. also foul breath and se ver, iiaiu. With a f.w ko t.eth. aa a base to work on, w. rati man you a set of tirauflful Hat is ly I n a; teeth for r.asonabl. PAtTTLTBS SXTsVaCTTOir by vnuuiu AXS. Taft's Dental Rooms 1517 DOlC LAS 8TKKKT. 1 1- fa y miiini run mhiti n i in r mm m in ' ID i BR AYE REPORTER ! BEARDSJHE LION He Even Dares to Aik Colonel Welsh u to Ilii Opinion of Rev. Irl Hicki Cyclone Prediction. AND HE GETS OUT ALIVE, TOO A brave man was chosen by the city editor for a special mission of great danger. He handed to him a dispatch from St. Louis. "Go," he said, "to Colonel Welsh at the weather bureau and ask him If there is anything In this." Ths reporter looked at Ihe dispatch. It stated that Rev. Irl Hicks, weather prophet, had predicted tornadoes) III tho middle west In the eighteen hours fol lowing t p. in.. May 2V Tho reporter's tsc blanched u .he rend, but by no other sign did tin ftar ls fellow show his feelings rcsnrnMin the terrible service to which he was as signed. He simply said. I will ask him." To Colonel Welsh the mention of tit romt Hicks" Is like the waving of a red , flax to a bull. I The reporter, a he bent Ids steps post- ' office-ward, remembered that the J weather bureau Is on the fourth floor end that the hard, cement patemcnt is below the windows. lie Falters Not. But he did not falter. He thought of calling up a friend to give directions as to what he lshed done with U which he has in the postal snvlngs bank If When he arrived outside the weather bureau door he was outwardly calm. He entered with a firm step. Ills giance In structively rvMed upon the windows. Ho noted that they were all closed. H was a cood omen. t Colonel Welsh sut at his flat lop desk, firuring out the next day's weather. Ho nt smoking his pipe. The reporter laid the dispatch on the desk In front of him "How about this, Colonel?" he said, without a quiver In his volte. It was a tense moment. The bsrometers and thermometers and wind gauges all tcomcd to stand still. Me Truly I.anahed. And then the unearthly stillness was broken by a laugh. Could It be? Will a bull placidly eat grass when the red Is flashed before his eyes? Tes, it was true! The colonel wss JITNEY PI AMO SALE imrry! lurry! r , v All You Pay Is 5c Down; Hurry and Select One Quicldy Dozens of responsible families will take advantage of this most wonderful of all piano offers. Think of it. Only paying 5 cents down on a piano. And re member, the quality of these instruments is unquestioned. The same pianos that we have been selling for spot cash, $25.00 down, eta, we are now selling for only 5 cents down and the prices have been reduced to the very bottom. Upright pianos of various makes, consisting of shopworn, slightly used, ex changed and second-hand pianos, will be offered and sold on this most liberal and unique plan. Every piano is fully guaranteed from five to ten years. Surely, you want your home to be beautiful and the influence of music to be there, when you can get a piano on these extraordinary terms and conditions. Is After-dinner Selection. Uvea the little Tango. Oirls Mahogany Piano Practically new piano. I'aed very little. Abso lutely immI aa new. Oear- anr price only $14! hi It Til KK I'AKTKT IiAltS: If you delre any other arrangement as to temik, you Ituve Ihe priv ili'Ue of pa) lug quarterly or semi-annually or any other ternm to suit you t, : V- '-V kT C laughing th sarcastic, s.trdonlc laugh of the contemptuous Irl il Hicks," he sa'd. and there a a world, of universe of pity In kit voice. "l"ot.r. eld Irl 1!. lllcks predicting a tomaflo! Hicks, who was hiding be hind a folding door on the stlrd story of a building on Washington street at the time of the fmado In t I-ouls In I'M. I'oor lllcks! And he's still getting away with It." And the colonel laughed as he relit hl pipe ami looked at the dispatch It la ti Laaasj. "Well, wellwell! The man that sent out this dispatch must be quite a bright fel low, t see be sa s 'The fall of the barom eter lo 29 degrees was predicted bv the Rev. Irl R. lllcks. Now. In most places, I lelleve, barometers don't tiavs 'de grees.' No, thermometers, have degrees. Barometers move In Inches and hun dredths of Inches, lla, ha, ha. "Still, we must give Hicks credit. He predicted the St. 1-ouls tornado less than six hours after It happened. He predicted the Ualveston tidal wave the evening after the very morning when It took place. Well, well, well Hicks, Powle. Schlatter the people fall for them right along, llnrnuin a as right after all. Bnrnum was rlalit." Heaettoa femes. The leKllon had como that reaction which overtakes a man bound upon some dcsiieruto enterprise, leading a forlorn hope, the reaction which follows success- fill accomplishment. The reporter Joined tno laughter, boisterously. The world looked bright once more. He felt almost as though he could embrace the elevator man, as he went down, although be Is not a comely person. Elevatora seem grand Inventions after a man has been face to face with Quick descent through the sir from fourth-story windows to cement sidewalks. The reporter, It Is understood, will de cline a medal. He la a modest man. RELATIVE OF GENERAL GRANT ENLISTS IN THE NAVY HERE Clysaes Simpson Grant, grandnephew of General IT. S. Grant, hero of the civil war and president of the United States, enlisted in the I'nlled Ktates navy Sat urday at the local recmltlng station. Young (Irani Is a well set up youth. His home Is at M East Second street, Orand Island. His father's name la also riysaes Simpson Grant. "My grandfather was a cousin of Gen eral Grant," said the young man. "I was born on the anniversary of Orant's birthday, April 27, 1R97. My father was j born the very day Grant took Vlcksburg. 1 I certainly am proud of my name." I IT. fi. Grant will be sent to the Great ' Iakes naval training station at Chicago. U5ED AND EXCHANGED UPRIGHT PIANOS Chickering Piano $98 Wheeler Piano $165 Harrington Piano . . .$145 McCammon Piano $75 Kimball Piano $150 Wescr Piano $185 Schiller Piano $190 Steger Piano $175 Mueller Piano $165 Hamilton Piano $165 Milton Piano $175 To Out-of-Town Customers For your convenience, send $1.00 with your order and if the piano you order is here, same will be shipped immediately, and if not, we will write you about some other good bargains which might suit you. ir JTL Phone Douglas 188 Li U SUN IS SHINING IN WESTERNNEBRaSKA Main Line Trains on Time, While Some Branches Are Still Out of Commission. PLATTE IS OVER ITS BANKS The local forecaster and the rail road officials are together on weather conditions west of Omaha. For this locality the former Is pre dicting partly cloudy and rising tem perature for Sunday, but the railroad men are not talking. According to the reports to tho rail roads, rains last night was general from tho central portion of the state, e.tst and crntlnues today, extending far over Into Iowa. Along the Burlington's northern line and over tho Northwestern system, west to Crawford, Alliance and Vroken Hon-, It is clear and tho sun Is shining. The fnlon Pacific reports simitar condi tions, the rain not evtending west of Grand Island, with sunshine from Isl ington, all the way west. In Omaha the official gunge Indicated 2t of an Inch of rain di ling the twenty- four hours ending at 1 o'clock this morn ing, with 170 Inches during the week. Out In the stato during Ihe twenty-four hours the railroads reimrt from t.ne-half to an Inch and one-half during the twenty-four hour period. Tralas a l With a little cessation In the rain, the railroads are grtttng out from under the floods. Trains from tho east are coming In practically on time. Those from the south and west aiv running from one halt to an hour late, the delay being on account of soft roadbed. The Northwestern'a luinesleel branch ia still nut of commission and the in formation Is given out that trains will not be running through lo Winner Iwfore next Wednesday, . at the earliest. There Is a gap of twenty miles between 'ero and Verdlgree, where all bridges over ths Verdigris liver are washed out. At one point the flood was so great that It swept out the concrete pisra and carried rn Iron girder 10) feet in length soma sixty feet down stream. Town through Nemaha, Richardson and Otoe county, dikes along the Hlg and Little Nemaha rlvera, constructed some years tgo, have burst and the flood water are flowing out over the farms. HERE'S THE PLAN:- - Here h the Way You Pay 1st Week Pay Down . $ .05 2d Week Pay Down . .10 3d Week Pay Down . .20 4th Week Pay Down . .40 5th Week Pay Down . .80 6th Week Pay Down 1.00 Then pay f 1 ht week or $H per month there, after until piano is paid for. The beauty about this proportion ia that the payments do not increase After the sixth week ami you are abtoluU'ly safe and can easily meet the payments. We feel lliat every Itoine, no matter how modest, should own a piano. Tlieae are good p. anoa. Think how luippy and bright the home will be with a nice piano In your cozy corner. Kach and every pliuio ia fully guaranteed from five to ten years. 1513 Douglas Street tanning riiiislilcmble ih.vngo on Ihe low 1:111 M Parral May Escape by Technical Plea Juan Tarral. convicted of manslaughter by a Jury In Judge I'.ngllsh's district c.nrt for the shooting of Detective Thoinss King, should go free hy ths July's verdict. A. !.. Sutton, his attorney, dfcland. "The Jury's verdict In effect ,'otmd Tamil not guilty of murder In the first pi second t.eRiee by convicting hbn of the lesser crime of manslaughter." ald button, "hut manslaughter Is deflmd by law as the killing of a person In a quar rel or In pnslhn or anger, or in the com mission of an unlawful act. fndcr tho evtiience tr.H definition does not fit Tar tars crime If he committed any. He vss either guilty of murder or of roth lug. I think the courts will uphold this view." Sutton will file a motion asking Judge Hngllsh for a verdict of acquittal for Tarral, notwithstanding the verdict. In accordance with this technical Intel pre tatlon of the laws governing the os.ee. PETER KRUPA DiES FROM ' SELF-INFLICTED WOUND Peter Krupa died at St. Joseph's hos pital from the effects of a bullet wound In his right tempi. He resided at 3Mt Harney street and was despondent be cause unemployed. No Inquest will be held, as the authorities ar convinced that Krupa shot himself. R0CHEF0RD IS RECOVERING AT ST. JOSEPH'S HOSPITAL E. It. Rooheford, victim of an automo bile accident, la- recovering at St. Jo seph's hospital. The reliable household Remedy Good The Year Round Ready Ao take PRACTICALLY NEW PIANOS On the Double Jitney Plan $250 Pianos $300 Pianos $165 $353 Pianos $200 $400 Pianos $225 $425 Pianos $250 $453 Pianos $265 $500 Pianos $275 Phone Douglas 188 Carson Says that Lofgreen Worked at Time of Murder E. M. Curson. "T, California street, of the Heal Cement Stone company, the mime, firm which employs Axel Kofgteen. who wa arrested In connection with the Ada Swnn.'on murder rape, told the police that he vblteil the cement Job at locust street where lyofgreen told trc Police ho worked fie dny of the murder, and saw tho man on the Job. lot green was released on fl.cco bonds provided by Carl I'eterson. superintendent of the Ideal firm Cargo in Sight for Steamer Julia When tho steamer Julia rerches Omnh.-v there will be a carvo waiting to be taken to Decatur. Itoiena of firms ore anxious to le.nr.i of the Julia's schedule, and a lot of de tails as to how to munage to 'get freight for Iecatur onto this Imat. Calls como frequently to Ihe lVmmercl.il club on these prints. George Kelley is seeking information as to how bo enn get a ship ment onto tlio Uat. The Msney Milling company wishes to learn, when ami how It must have Its conwlgnmriit of flour at the dock to go te Decatur. It wants to know what is the premium on Insurance, of a consignment, and a lot of other vital questions. nisr Farmers Plenlo at ( larks. CIjAKKS, Neb., May !.-(Speclal.)-Th farmers' unions In this vicinity hold on June I a big basket dinner and piTlc In the Ganta grove. The speakers to be present are A. O. Thorns C, II. (tus tafson and O. I Carlson. ysffffsi PE-RU-NA FOR SALE AT ALL DRUG STORES liiinry! Sony! i fe) Hake Yot Xonte Kappy. S137T tart tk Cail&rea Playiag. Walnut Piano Never out of our store a little ahopworu. t'luiiiot he told from a new piano. Clearance sule price .... $175 Oak Piano . Slightly shopworn. Fine lone and artiou, fully Kuaranteed for ten yearn, l lcaranre sale price only $190 4 I a. J EEL BaBSBVBBB I J tirrrjirr mi frrrrt rtrv i