THE OMAHA SUNDAY I'.KK: (K ToHFtt 3. 1D13. 3 A Nebraska COUNCIL MAY LIMIT NOMBEROF SAOONS Supreme Court Reverses Douglas District Court in Case of Min neapolis Brewery. FLEGE MUST STAY IN PRISON (From a Staff Correspondent.) LINCOLN. Oct. ttfpeclaU When the city counrtl of Omaha, sitting aa an ex cise board, refused to Issue a wholesale liquor license to the Minneapolis Brew ing company, It acted within Its lawful discretion, the Nebraska eupreine court held this morning. A mandarmiB was obtained by the com pany In the Voiiglas county district court, ordering City Clerk T. J. Klynn. and the city council to grant the license. This ! order the hlnh court reverses and directs the license shall r. revoked and can i celled. 4) The decision esta.tshrg the principle, that an excise board may limit the num bcr of licenses granted. The Omaha board placed a limit on the number of licenses and thereafter refused a license to the Minneapolis Brewing; company, j While the supreme court asserts that j the action of an excise board Is subject ' to judicial review, It declares the burden of proof is upon the applicant to show ' that ther has been an abuse of dlscre I tlon. j Kraaeo (lets Xew Trial. j Palvatore Franco, the Italian laborer, i convicted In Furnas county for the mur der of Turco, a fellow countryman, at the Superior Cement factory, will be I given a new trial. On account of the fact that Franco was examined by the i penitentiary Insanity commission, two days after his arrival at the prison un der sentence of fifteen years and was found insane, the court believes that the Jury that tiled him did not have all of tle facta on which to base a verdict. The defense had pleaded Insanity on the theory that Torco struck him a blow on Nebraska York's First Fall Festival is Success lVrtK, Neb.. Oct. Spooial. Vol k's fall festival close! yesterday afternoon While the weather was not Ideal for the first two or thre days, there was n Inriro crowd In attendance the last day. The display of farm prodm Is, fruit, poultry and all kinds of needle work filled the large tabernacle. The display was pronounced as gmxt as any of the kind at the state fair. Hevon townsMpa made displays: Brndshaw, Waco, New York, IxH-krldge, Baker, TIays, lyerojr and West Blo. llernuui Klone had the biggest apple on exhibition. It weighed one pound and three ounces and meas ured fifteen Inches In circumference. The stock display was beyond expecta tions. While this Is the first attempt at an agricultural display, it will not be the last. n effort will be made before the fall of 1916 to make room to care for a'l kinds of agricultural products as well aa stock. The school parade by students of the various districts In the aiterrnxm was one of the features. There were thirty- the seven districts represented. Oovernor Morehead and John I Ken nedy gave adresses at the tabernacle In the afternoon. Nebraska LABOR AGENCY LAW IS HOT DISTURBED Supreme Court Refuses to Tass on Validity Until Remedies at Law Used. THIS PRINCIPLE IS LAID DOWN Travelers' Chaplain Lauds Membership HASTINGS, Neb., Oct. 2 (Special Tel egram.) Taking for his subject a public letter recently published In The lire's Letter Box, referring to the traveling men as Immoral, Bev. A. A. Brooks of the Hastings Methodist church, national chaplain of the Travelers' Protective as sociation, defended the drummers as a class In an address at a baimuet last night In honor of the state Travelers' Protective association officers. The part of the letter that aroused the chaplain's indignation especially was: "Corral the majority of traveling men and what have you got? 1 know; so do you, gentle reader. Taken as a whole . cuinseh. (From a Staff correspondent.) LINCOLN. tct. 2. (Special. Without entering Into the merits of tho Nebraska law governing labor agencies under the supervision of the state labor commis sioner, the Nebraska supreme court hag refused to Interfere at this time with the enforcement of tho act. The validity of the act, gays the supreme court. Is a question of law that can be determined In the regular way when a prosecution is brought. The Western Reference and Bond asso ciation and other Omaha concerns brought a test suit In Lancaster county to enjoin governor and labor commissioner from enforcing the act. The court de clined to allow tlio Injunction. The statute requires every employment agency to take out a state license cost ing except teachers' agencies, which pay 10. Agencies are required to keep accurate register of applicants and fees. Chief Justice Morrlssey, In writing an opinion, lays down the rule that no in junction will be granted unless the ap plicant Is without remedy at law. PlrklnsT Oat Km Site. Commissioners Kennedy, Oerdes and Ilolcomb of the Slate Board of Control have gone to Beatrice to locate a site for a new school for the feeble-minded, con tracts for the construction of which have been let for 36.8ivl. The legislature ap propriated SW.OOO for the building. Horse Helta Hank. Secretary Boyse of the State Banking board has sold his controlling Interest In the State bank of Table Bock, which he acquired a few months ago, to John R. Plerson of Springfield, formerly of Te- Grave Digger Falls Dead Into Trench He Dug for Another Old Albert Hill, the "laughing grave digger" at Odd Fellows' cemetery, has dvig his last grave. Anit when it was finished and he was slicking It up for receipt of the coffin that goes Into It he raised his shovel overhead, muttered goodby to his helper and fell back Into the grave of his own making dead. Ills time-old prediction almost came true, for he always had said he would dig his own grave. Albert Hill, with his 9 years bearing only lightly upon his genial spirit, went about his business whistling an I singing. That's why they called hlni the "laughing gravedlgger." He lived at Sf Napa street, was a veteran of the civil war and a member of the OdJ Fellows. After luncheon he returned to the grave being opened for the funeral of Kva Ureesbach. lev North Twenty-ninth i street, who died on Wednesday. William I I'pjohn, who helps him, was tic-owing i the earth back from the edges of ths opening and Albert was making the In terior of the hole presentable. Finish ing, he came to the surface and stood motionless for a moment. Then he raised his shovel arm up In the air an l said to I'pjohn: "iloodby, Bill. Something's wrong with me. I think I'm going to die." And ha turned and fell down Into the open trench. I'pjohn went down with him. and he says Albert died In his arms. Philadel phia Public Ledger. ffi ir yu ve never . msa (1 i n isi j . ... .- ------ :jju, fs I 1X3 i ruri . A r r n cx ri a, t iiviv . the head that disarranged his mental tne gtand about H5 per cent pure sinners, I faculties. Franco is now at the Lincoln state hospital for Insane. Klcite Conviction Standa, Three trials are enough for WHhelm Flege, the court decides In overruling his motion for another hearing. Flege 1 now In the penitentiary, serving his term unadulterated, too." Mr. Brooks declared that during his as; roclutlon with traveling men at the Trav elers' Protective association at Omaha, he failed to hear one foul story, never ob served one delegate Intoxicated and never saw, In ull his experience, a convention conventions of democrats and republicans. of one to ten years for manslaughter, j handled In a more businesslike manner. th crime hein., the kllllnir of his sister. Hie stated that he had attended national Two convictions were reversed by the ap pellate tribunal, but the last time, it af flrfed the verdict of the Jury. Flego will be subject to nprole at the end of his I first year In prison. York County Farmer Killed Under Auto YORK, Neb., Oct. 2. SecUl Tele- OXFCRD TO HAVE READING ROOM AND GYMNASIUM OXFORD, Neb., Oct. 2. (Special.) The plans for a gymnadum and reading room are progressing rapidly. A lnrge f t bristlnn amount of apparatus has been ordered and a building has beon rented. The board of directors has appointed Super intendent Chaddcrdon manager, with gram.) T. J. Knoor, a rarmer living in -i jUhs Fay nai,i,itt In charge of the Beaver township, this county, was killed . women's department and Mis Sdna last night In an automobile accident. Walters of the reading room and library. The machine ran to the top of an em- j t wll Uged from llot o'clock In the bankment and turned over, pinning him afternoons for the grade children and under the steering wheel, breaking his , win ODen , tne evenlng8 to all neck. He wag 68 years old and lcaveg a family of grown-up children. JOHNSON GRAND JURY RETURNS NINE BILLS TECUMSEH. Neb., Oct. 2. Special Telegram.) The grand Jury here thia ! morning brought In nine lndlctmentg Eight bills embracing thirty-six counts are against Herman Stelnkuhler, saloon keeper of Sterling, all for alleged sale ' of liquor to minors. One indictment is I against Hal Whistler, labor of Teoum ' sell, charged with procuring liquor for ' Edward Duvall, habitual drunkard. Stelnkuhler will give bond for appear ance Whistler Is under arrest. The ' grand Jury is still at work. adults. One or more nights a week will be devoted to the women's classes. The village board has agreed to furnish light German Lutherans ' Protest Exportation Of Arms to Europe ORAND ISLAND. Neb., Oct. 2 .-(Special Telegram.) The Nebraska synod of the general synod of Lutheran churches, about ninety pastors repreaented, today adopted the following resolutions: Resolved, That we, the Uerm.in svnod of Nebraska, In convention assembled, condemn the mamifarturr for exportation to the warring nations of Kurope of ammunition and arms ha unchristian slid inhuman: as American cltixeiis and ( hristlitns. we declare ourselves tnoet em phatically against this shameful trtdc. Resolved, That wo protest also atcaliwl tho granting uf the loan of aW,ti . to the warring nations of Kurope as an un natural at and as dangerous to the peace of our country. The synod closes with services tomor row morning, afternoon and evening, h 1" communion being celebrated by the united pastors during the morning cervlce. North llend Llavhts Turned On. NORTH IIKN'D, Neb., Oct. 2.-(8peclal.) The new electric lighting system here "u ' " "l -'' ; successfully. The main lines are com- iv nave a grunu opening auoui iicioncr Kntea from l;f County. BEATRICE. Nob., Oct. 2. (Special. )- 15. About I4G0 has teen subscribed for equipment and current expenses for the first six months. ROYAL NEIGHBORS OF DODGE COUNTY MEET pleted and In two days more the entire system will he In oceratlon. The cur rent comes from tho Fremont plant. Main street and the Uncoln Highway are equipped with electroliers and all other streets) with atnglo lights. Rev. J. 1. Forsythe, pastor of the Chris- I Oracle Mrs. Mary Allen of Omaha and tlan church at Wymore for the last few I Supervision Deputy Mrs. Josephine years, has resigned his pastorate and Stcmeclpher of Lincoln made. talks dur- ' will take up evangelistic work. He will lng the meeting. Mrs. Mary Miller of hold his first meeting at Belvldere this j North Bend was c hosen ornMe, Mrs. week. Gertie pedgen of Fremont, vice oracle; The Wymore Poultry association will Mrs. Mary Sle, Kcribner, marshal; hold Its annual exhibit at Wymore early ! Mrs. Lizzie Calkins, Fremont, recorder, In December. Thomas McGulre resigned and Mrs. Henry" Bogers, Hooper, treas- FREMONT. Neb.. Oct. . (Special.) The Royal Neighbors of America county convention, organized at a meeting at tended by upwards of 1100 delegates Thursday, brought the meeting to a dose by Initiating a big class of candi dates. The drill team from North Bend gave an exhibition.' Supreme Oracle gered Into a garage on Ivy street, near Vyra B. Enright of Kansas City, State 1 Edgewood, this morning shortly after midnight, and frightened several em ployes by announcing he had swallowed poison and was dying, Tramp Sings When in Operating Room Monsieur Ludle do Tramp, age SO, hav ing the appearance of a hobo-artist and possessing wit, a la Mark Twain, stag- Returns to Wife After an Absence of Fifteen Years A romance of the Enoch Arden type, bridging a gap of fifteen years, with separation, remarriage and tost affection aa obstacles, has Just found Its "happy ending" In San Francisco. Fifteen years ago Herbert Winner of this city and his wife were divorced He disappeared. Mrs. Winner, thinking hlni dead, mar ried O. Lundberg, also of San Francisco. Mr. Lundberg died a year ago. Some months later Mrs. Lundherg'g father, luippenlng to be In St. Helena, was amased to meet Herbert Winner on the street. The wanderer Inquired about his one-time wife and three daughters, and finally dclded to return to San Francisco. One of Mrs. Lundbergs daughters Is Mrs. M. R. Htguersj, whose daughter. by the way. Is Vivian Huguera, the "California Making company baby," In the shower of gold contests, and she, as well ss the other daughters, did what they could to revive the old love be tween their parents. Tho result was that a few days ago Mr. Winner and Mrs. Lundberg were re married under the ritual of the Seven- Day Ad ven tints, in whtcti religion Mrs, Lundberg is an earnest worker. "They seem to love each other more than ever," said Mr. Htguera, who dis closed the romance, "and each seems sorry for the mistakes that separated them years ago." New York World, If you've never worn a King-Peck SUIT Nov is a Good Time to Begin. The ssoner you become familiar with the many good features of KING-PECK Clothes, the sooner you will enjoy Clothes Satisfaction, Clothes Service and Clothes Econ-omy. The stocks will' never lo more cov pleto tlinn you'll 1'lnd them today. Tho hundreds of ftttrncttvo pattern nntl dozens of worth whilo style now f o k t u v c '1 nnl(i'.' Inlying :i liUttsuiit task here. No mattor winch , w j- y o n v hnvo i' (i w n t which '. wrty you failed to prow, our .utoek ormtiunn Riz:a u fit mm of your biv'i!. T.onp, Stouts, Rtulm and Hritul ii r' in nil no.. lt:ition'3. w it III kja i u m If l iff l 'AS! m l'C JUL. i ' , Young Men's Suits $10 to $25 Conservative Model Suits $10 to $40 "High School" Suits $7.50 to $15 Full Dress Suits ( $25 to $45 i as secretary and Joe Marts was elected as his successor. Guy Bchrcff of Lincoln was engaged to Judge the show, Mr. and Mrs. Leroy Payne, pioneer residents of Odell, celebrated the'r golden wnilrilnd' annlvpranrv at their home at j that place Wednesday. In the presence or a large company ok isufhib. i wenir three children and grandchildren . were present. Mr. and Mrs. Tayne were pre sented with 9100 In gold. Coroner Peed and Sheriff Acton In vestigated the circumstances surrounding the death of William Root, the aged man who committed suicide at the home of urtr. North Bend was chosen as tho meeting place for 191S. AUDITOR SmTthIsSUES MANY STATE WARRANTS (Fronf a Staff Correspondent ) LINCOLN. Oct. !. (Special.) Warrants Issued by State Auditor Smith during the munth of September amounted to 1o3, 007.64, according to figures complied by the auditor. The number of warrants Is sued w as S 3?8. The total for the last nine months In 1 his son, R. E. Root, east of Blue Springs. I warrants drawn reaches 4.24t IIW.34. Sen I Thursday, and after hearing the testl- t temler had the smallest -total since last mony of some of the witnesses decided j February, when the figure was only that an Inquest was unnecessary. The funeral wll be held Sunday afternoon at 2 o'clock from the family home. Votes from "West Point. WEST POINT, Neb., Oct. t. (Special.) The marriage of Anton Sandvall and Miss Martha Ixulse Mueller, took place at Ht. Paul's .German Lutheran church. Rev. A. R. E, Oclschlaeger, pastor, officiating. They will make the'r home on their own farm northeast of West Point. News has reached the city of the mar riage, at O'Neill, Neb., of Hugh Gallagher of this place, to Mls Anna Murphy of O'Neill. The newly married couple will make their home- In Holt county, where the groom Is interested in a large cattle ranch. The death Is announced of Bister M. Mechtilde, a former nurse In St. Joseph's Home for the Aged at West Point. The deceased .religious was taken 111 iti May, last, of tuberculosis, and was removed to the Mother House of the order for care and treatment. Her death occurred ! at Alverno, Wis. She was a native of Germany and had been a member of the I Franclscn order since her girlhood. VXtt.KlM. The largest Issue was In June, with 847.678.8i). The fund from which the largest drain was made In September was the general fund, which wag reduced by 72,Vf2 93. The university fund was di minished by 7,5S7.!jl, and the university cash fund by 131.907.82. FREMONT MAN FOUND GUILTY OF BURGLARY As the man foil unconscious to the floor the Grady ambulance was called. When the physicians sought to use tho stomach pump, the man rega'ned con sciousness and pleaded with them to let him die, says the Atlanta Constitution. Removal of the poison, which proved to be Bristol thymol-Iodide, was like giv ing the patient laughing gas, for he sat bolt upright on the operating table and sang In a strong, clear voice, "My Old Kentucky Home," and atralns of other old familiar melodies. The doctors, as tounded at this performance, stood back and allowed the patient they had snatched from the grave to enjoy him self. "I'm from tho grand old state of Ken tucky,'' said Ludle, when ssked for his address. He Maid his name was Mon sieur Ludle de Tramp, and that he had lived up to his name traveled the world over. Asked where he was storplng, he said: "I haven't stopped jet. I tried to stay put and you guys queered my game." Kite Frightens Nag and Man is Killed Thrown headlong against the curb when a runaway horse attached to his undertaker wagon collided with a coal cart at Twenty-second and Fltswater streets, John J. White, (0 years old, broke hlg neck and died on the way to the Polyclinic hospital. The accident happened only one square away from Mr. White's holne. Mr. White was returning to his home. As he turned into Fltswater street from Twenty-fourth, a kite flown by some boys frightened the horse. The animal bolted, and before the undertaker could control It started on a mad dash along Fltswater street. At Twenty-second, and Fltswater streets a wagon of the Hancock Coal company ws backed against the curb. White attempted to steer the frightened animal clear, but his wagon struck the cart with a crash. He was thrown from the seat and struck headlong against the curb. One of the first to reach the spot as Edward J. White, a son of the un dertaker. He had seen the crash, but did not know that It was his father's wagon. A passing delivery wsgon was pressed into service as an ambulance hos ital. He was deijd when that In stitution was reached. Ills neck was broken and his skull was fractured. Philadelphia Record. wmmmmm o Hess mm 11 1 Use The Bee's "Swapper" column. A "For Pale" ad will turn second-hand t furniture Into cash. Couldn't Blame It. The hotel was not a very good one and the traveling men knew It. Nevertheless tliey were obliged to go there when they I came lale at night to the little town. 1 in the nilddlo of the night one of them , was dimly conscious that something wa wrong. Suddenly lie realised that tne j trouble came rrom a leaking gas Jet. "Wake up, Bill!" he shouted, shaking his f lend violently. "The gss Is escap ing!" Well," growled Bil. "can you blame ! It?" Ladles' Home Journal. I FREMONT, Neb.. Oct. 2. Olpeclal.) Eugenlo Cadena was convicted of bur. glary by the jury In district court Cadena was charged with entering j bunk cars at I'ehlltur and Wtnslow and j stealing a quantity of clothing and i Jewelry belonging to railroad laborers. John Kherman pleaded guilty to tho theft of a suitcase from the I'nlon sta tion three weeks ago and was sentenced to thirty days In the county jail. Cadena and Errett C. Ward, convicted of forgery, will receive their sentences today. folk. Two Marriages at Norfolk. MADISON. Neh., Oct. 1 Special - llaak Charge at Table Hock. I Marriage licenses were Issued to Will- TABLE RUCK. Neb.. Oct. J.-(Specll ) I iam Henry Helming of Tilden and Klor- John R. Plerson, recntly of Springfield, ( tnee Kofcina McGahn of Norfolk, and Neb., has bought the controlling interest K,i Hoefs and Elsie Nits, both of Nor- ln the State bank or Table Rock, from E. Royse and his associates. He to.k charge of the business Friday.. Mr. Pier son is a banker of over thirty years ex perience, is president of the Bank of Belgrade, Belgrade, Neb., and la also a stockholder In several other banks, lie has bought a residence in Table Kock, and will ntoe his family h'-re j at tint. t'se Tie bee's "Swapier" column 1 llt. llltAlUU KV l NKW OUr lCES. Missing Teeth In the mouth binders our speech, spolli your ttppenrance and beoides disarranges your stomach because you are unable to properly niastlcat your food. I can replace these Musing Teeth In the same color as your nat ural teeth without plate, gDd guarantee for 10 years tnat you will have the same um of them that you had with your teeth before they were decayed and extracted. This method of mine Is a modern conveni ence In teeth which rounds out your voice In talking and aluglog and it also means a bank of health. Mary people have decayed teeth and have no knowledge of It. Thio Is why I say, let me examine Hiem now and then. It will be a protection that your teeth deserve. My latest treatment for tium trouble U giv ing my patrons quick and satisfactory re gulls. )o not hesitate to take It If your kuid are discolored, sore, soft or bleed easily -It Is liarmle. Crowns from 92.50 up. Send for Booklet on unusual Dentistry. DR. BRADBURY, DENTIST 'tn sears In Omaha. ri-2n Woodmen of ttie World IU1g. Iliotie l. 17541. Illh aiiiI r'arnaiii st., Oitml.a. Uourg, H to 6; Hundays, JO to 12. Sewing Machine Sale MONDAY ONLY At THESE PRICES FIFTEEN Second-Hand BARGAINS EVERYONE GUARANTEED KingiT, a gootl one .$5.00 OaitioHtic, sews like a new ono $4.00 Singer, nice oak case SI 0.00 Kinder fifi, enn't tell from new $18.50 White, ij-tl rawer, a fine machine .$12.00 Singer, gootl aa new $19.00 Free, worth .flO, not a mark on it $19.00 White, a drop head, miDd yon $8.00 Free, a $ JO midline ..$19.98 Singer, a dandy, drop head $1200 Singer, another nice drop head $10.00 White Rotary, $58 machine for $25.00 New Home, n real nice one . . . . $10.00 Singer, a good, reliable one $1.00 Wheeler-Wilson, nice dark oak, only $13.50 "Needles Free." A package free with etch bottle Mickel Oil. IVIICKEL'S Nebraska Cycle Co. Douglas 1GG2. 15th and Ilanicv. iSTtBSJ tsajswirsasBt'"' L I I ttr . Jf I N f sj. sss ,V- Vf T t fA : J ? 1 f i I : Swap Anything in tho "Swapper! Columa