THE BEE: OMAHA, WEDNESDAY. FEBRUARY 28, 1917.
9
CITY VS. RAILWAY
FIGHT H COURT
Corporation Counsel Asks Or
der Compelling Street Car
. Co. to Quit Property.
TELLS STORY OF CONTRACT
A judgmen. and order requiring the
turning over to the city of all the
property, interest and rights of the
street railway company which it ac
quired from the old Omaha Horse
Railway company, either directly or
indirectly, as well as all the increases
in the value of the property, is asked
by the city of Omaha in a suit just
tiled in district court against the
Omaha & Council Bluffs Street Rail
way company.
Providing the court docs not see fit
to return such a judgment, the peti
tion, filed by Corporation Counsel
Lambert, seeks an accounting of the
use of the property since .he rever
sion to the city became effective. The
ohvsical valuation ot the city s inter
ests, as well as interest on whatever
judgment may be found, is' also
sought.
The petition of thirteen pages was
entered on page thirteen ot the hie
clerk s records.
Reviews History.
It is set forth that the first charter
of the Omaha Horse Railway com
pany, by an act of the legislature of
the territory of Nebraska, dated from
anuary 1. 18b. and lasted htty years.
providing that at the end of this pe
riod the tracks, depots and other
equipment should revert to the city.
The company continued to develop.
enlarge its system and add to its
equipment, finally consolidating with
the Omaha Cable 1 ramway company,
according to the city. It is alleged
that the development of the Omaha
Horse Railway company was subject
to the reversion as provided by the
charter. Un March 4, 18y, the con
solidation was effected under the name
of the Omaha Street Railway com
nanv. That this consolidation did not
affect the city's interest in the com
panythe old horse car part of it
is contended.
Issuance of Stock.
The Omaha Street Railway com
pany was a $4,000,000 stock company,
the petition states, the stock being is
sued in return for surrendered stock
in the other two companies. Accord
insr to the city counsel, it was esti
mated in the consolidation agreement
that the horse car company had thir
ty-six miles of track, valued at $2,
000,000, and the tramway company
four and a half miles of double track
worth $2,000,000.
It is next pointed out that on No
vember 1, 1889, the Omaha Street
Railway company purchased the fran
chise and holdings of the Omaha Mo
tor Railway company. Ihe petition
alleged that as much of this prop
erty as was purchased as a result of
contributions from the horse car com
pany was effected by the interest of
reversion.
The franchise and holdings of the
Metropolitan Street Railway company
were purchased on .November u. lyuz.
the petition says, and on November
U of the same year the franchise and
rights ot the Metropolitan Cable Rail
way company.
Another purchase of rights and
franchise was that of the Benson &
Halcyon Heights Street Railway com
pany on November 13, 1902, the alle
gations of the city being that the
, right of reversion followed the prop
erty whenever the old horse car com
pany figured in the deals. In this part
of the petition it is alleged that the
first grant of the legislature to the
horse car company remained neces
sary to the authority of the consoli
dated company to use the streets.
The present Omaha & Council
Bluffs Street Railway company was
formed on December 22, 1902, the
city alleging that of the property in
volved in the last transfer much of
it came from the old horse railway
line.
Reversion Clause.
The city contends in its petition
that the property coming to the
Omaha & Council Bluffs Street
Railway company from the Omaha
Street Railway company is still sub
ject to the reversion.
From December 22, 1902, till May
22, 1908, many improvements, exten
sions, etc., were made, according to
the city, all obtained from operating
the company or mortgaging it. The
city alleges that the present com
pany needed the right of the first
grant in order to have the authority
to operate.
Many extensions and other im
provements made since May 22, 1908,
have been made without authority,
the petition alleges, adding that the
company's right to use the streets
terminated, except the right as pro
vided in the territorial grant.
Setting forth that the fifty-year
period of the territorial grant has
Have tv Bottle Handy!
Sloan's Liniment is assigned its
place among the trusted family
remedies in thousands of medi
cine closets. Confidence iri it is
based on the uniform effectiveness
with which it banishes the pains of
rheumatism, neuralgia, gout, lumbago,
lore stiff muscles, cruises, sprains and
itrains. Cleaner and .easier to use than
nussy plasters or ointments. It penttrtta
ind relieves quickly wit boat rubbing.
At ell druggists, 25c. 50c. and $1.00.
Loses His Nose and Doesn't
Know It Until
C E. Neat of Rosswell, N. M., came
to town Monday with his nose. A
negro cut it off before Neat had been
here an hour and Neat did not know
it was missing until Frank Odorisio,
1312 Dorcas street, a newsboy, told
him about it.
"Where is your nose?" the newsie
asked Neat as they met at Sixteenth
and Howard streets.
Neat felt for his olfactory organ
and replied: "I don't know where
it is. I'm a stranger in town. But
I had a fight down there," pointing
down Howard street.
Odorisio grabbed the New Mexican
and escorted him to the office of Dr.
H. Hirschmann, 506 South Sixteenth
street. The surgeon took one look
at Neat and said: "Go back and get
your nose."
The newsboy volunteered to hunt
the nose. He followed a trail of blood
from where he had met Neat right
lo the rear of the Waterloo Cream-
now expired, the city alleges it has
the right to the reversion.
The petition asserts that the de
mand has been made for reversion
and refused.
Parade of Folks
Who Are Not Born
Peeves Connell
Some people are walking around
every day and yet they have not been
born, a paradoxical statement made
and explained by Health Commis
sioner Connell.
To be legally born, each person
should have his or her birth recorded
at the time and place of birth. There
have been instances of Omaha men
and women growing to majority be
fore they learned their births had not
been recorded according to law.
Physicians are required to report all
births on blanks provide for that
purpose. Some fail to comply and
parents do not think of the formality.
twery now and then the health
office is asked to furnish a certified
birth record dating back twenty or
thirty years. Sometimes there is no
record, although the person in ques
tion may have been born l.' Umaha.
Instances have arisen where it is
essential to be able to establish birth
records," said the health commis
sioner.
In comparatively few cases are the
names of the infants entered in the
local birth records. In some cities
the birth registrars require the given
names in cases.
Freight Rates On Steel
For Export Advanced
Washington. Feb. 27. Increased
freight rates on iron and steel from
Chicago, Pittsburgh and other points
in the east to Pacific coast terminals
for export were authorized today by
the Interstate Commerce commission.
The rates authorized are from 30
cents, the present rate, to 40 cents
from Chicago and from 42 to 45 cents
from Pittsburgh. The rates will be
come effective April 2 and apply to
shipments destined for Japan, China
and Manila.
Laborer Kills His Three
Children and Himself
Indianapolis, Ind., Feb. 27. Frank
Stader, 38, a laborer, shot and killed
his three children as they lay asleep
in bed today and later shot himself
in the head. He died in a local hos
pital. Brooding over failure to find
work is said to have been the cause
of his act
biscuits
K C BAKING
KC
Alwayssafe and reliable. If it
isn 't all we claim your grocer
will refund your money.
JAQUES MFG. CO, CHICAGO
Auto Dealers, Merchants
Auto Owners!
Don't Miss the Big Show
AT THE
Scott Omaha Tent and Awning Company
DIRECTLY OPPOSITE THE AUDITORIUM
Op.n Ev.nings By R.qu.st.
A Wonderful Display
of
Auto Camping Outfits
Nothing like it has
ever been shown in
Omaha before.
Dealers should see it and
arrange to carry a line
of these supplies.
Sell to the motorist
on sight
SCOTT OMAHA
TENT & AWNING CO.
S. W. Cor. 15th & Howard
Omaha, Neb.
"HELP US GROW"
Newsie Tells Him
ery company's plant at 1617 Howard
street.
"There I saw a piece of white
meat." he savs. "I nicked it up and
it looked as though it might be Neat's
nose. Near the meat meat was a
pair of broken scissors and a broken
mirror. I ran back to the doctor's
office, and there Neat was laid on a
couch, and without an anaesthetic
his nose (the piece of meat I found)
was sewed back on his tace.
Neat is in St. Joseph hospital. He
said he walked into a shed in back
of the creamery company and there
saw a negro shainvg. Without warn
inn. the negro jumped on him. Neat
says the colored man first took $77
and his watch away from him. Neat
began to hght then and his assailant
lnnned his nose off with the razor.
Doctors says Neat has a fair chance
of saving his face, even though his
nose lay it. the rubbish pile thirty
minutes or more.
Potatoes Not Yet
Equal to Cash for
Buying an Auto
Even in the auto business the
kingly spud is threatening to displace
the almighty dollar as a standard me
dium of exchange.
"I'll give you a bushel and a half
of potatoes tor that town car, a pros
perous prospect from Broken Bow
proposed to Guy L. Smith at the Hud
son super-six booth at the Auto
show.
Smith gave immediate heed to the
offer, but declared that even with the
lordlv tuber worth its weitrht in ffold.
his classy super-six town car, listed at
$J,1U0, was worth a few more spuds
than a bushel and a half.
But that didn t deter the potato
magnate. As he raised lots of spuds
he had the coin in bundles. Also, he
had his heart set on that particular
make ot car, so it was not long be
fore Smith had the tuber king signed
up for a super-six.
Thus it is seen how auto dealers
can sometimes afford to eat a ban
quet that includes real potatoes.
Religious Education
Association in Session
Boston, Feb. 27. Educators and re
ligious leaders gathered here today
for the fourteenth annual convention
of the Religious Education associa
tion. The meetings will be extended
over three days. Preliminary sessions
will be held today, with the hrst gen
eral session set for tonight.
The underlying subject of this
years convention n me question;
"How should the youth be trained
to meet the needs and demands of
the great changes that are sure to
follow the war?
The speakers will include several
bishops, college presidents and pro
fessors. Fair Weather Promised
For the Automobile Show
Colonel Welsh, high potentate of
local weather manufactory doe's not
profess to be a demon motorist; he
doesn't even own a flivver, but he
seems to be strong for the Omaha
automobile men. The colonel prom
ises pleasant weather tor the auto
men through three days ot the show
at least Fair, with no change in tem
perature, is prediction for Wednes
day, and, as no alarming disturbances
are in sight, the colonel may be able
to extend the period of gentle sun
shine until the show comes to a close.
For light,
wholesome cakes,
and pastry, use
POWDER
ALSO ON DISPLAY
the
MAXFER
TON TRUCK MAKER
$350 and a Ford, old or
new, makes a guaranteed
one ton truck. The Maxfer
is the most substantial and
latest improved truck unit
on the market. 10,000 sold
during 1916.
Dealers-Get the exclusive
agency in your territory.
We are closing up fast.
It's a money maker and a
money saver. Call or write
H. B. MORRILL & CO.,
1110 Douglas St., Omaha, N.b.
Factory Distributors for
Nebraska and W.it.rn Iowa.
ORDER NEW LIGHTS
IN BUSINESS OMAHA
Ornamental Iron Posts, With
Two Lights On Each, for
Down Town District.
MORE TOR HOME SECTIONS
The city council adopted it solutions
directing the Omaha Electric Light
and Power company to install new
lights in the downtown ornamental
district as follows:
Farnam, Tenth to Twenty-fourth;
Douglas, from Missouri river bridge
to Twentieth; Sixteenth, Leavenworth
to Cuming; Harney, Tenth to Twen
tieth; Fifteenth, Howard to Dodge;
Fourteenth, Howard to Dodge; Tenth,
Mason to Farnam; Dodge, Fourteenth
to Seventeeth.
The contract with the light company
provides for the following installa
tion in the downtown ornamental dis
trict: "Two" lamps will be mounted on
each ornamental iron post, four posts
to the block, placed on opposite sides
of the street so as to product the most
efficient illumination and supplied
with current from conductors laid in
underground conduits."
The lamps will be 400-candle power
Mazda type and there will be nearly
200 additional units in the improved
downtown district.
More Residence Lights.
The following new electric lamus
were ordered placed in residence sec
tions: Arbor ind 10th. Plnkney and 14th.
Arbor and SOth Ave.Capltol Ave. mid 36th
Aroor and sza. iratt and Ifitn.
Arbor and 41st. llurrtotte and lflth.
Ames Ave. and ltth.Lartmore Ave. and
Woolworth Ave. and 42il.
22d. Bet. Podge and
Hickory and Sid. Farnam. on SSth.
Kansaa Ave. and SfithPlne and 17th.
Burdette and 18th. Beward and 24th.
Jaokaon and 30th. RtiKRlea and 27th.
Spalding; and 27th. Crown Point Ave.
Harney and SlaL and SOth.
Bahler and Sttth. Bet. EIHaon and Lau
Sahler and SOth. rel, on SOth.
California and 39th. Bristol and 2Sth Ave.
Emmet and 14th Ave.Camden Ave. and
Mason and 62d. 25th Ave.
Walnut and 85th. Camden Av. and 24l)h
Blmwood park (twojaynes and SOth.
lights). IllniPbaURh Ave. and
Jonea and 40th. 27th Ave.
Elm and 28d. Indiana Av. and 29th
Grace and 21st. Saratoga and 42d.
Give your Want Ad a chance to
make good, Run it in The Bee.
ifyouon
Both, sisters longed kjt wlialtliey could-noy afford. JarieTwaTiTed-poW
i and position Lise merely fun and finery. A. . w s.
Both detennined to mve what they wantjWLBut one got $5.00 a week
Vthe other onlyllfue more.
yTTie Dweffing-PUce of UgKtV '
ty Winston Churchill V
is the-sWy of thfruggle of Amerinmenrijarfcularw of American
menandxglrls agaimitthe great tide of immigratfontnat is engulfing SyXi
and removilding so manjsections of our country today. 7 .
It is ra&wbtedly the mist vital novfel of one of thegreatest American II
noyjslisls of our generation jet1 itdssonly one of four l
srVfe Sen Novels Ndw-Rimningn s A .
JAIL NUISANCE IS
ORDERED ABATED
Health Commissioner Tells His
Superiors to Oet Busy at
"Early Convenience."
RELIEF IS EXPECTED SOON
Health Commissioner Connell or
dered the mayor and city commission
ers to abate a nuisance maintained at
Eleventh and Dodge streets, com
monly known as the city jail.
In a communication addressed to
the city officials the health officer said
the jail is "unsanitary, unhealthy and
unlit in every way from a health
standpoint."
"I order you to abate this niu
sance at your early convenience,"
wrote the health commissioner,
"'"here was a little bit of humor in
this communication when it is con
sidered that the health commissioner
is the creature of the city council in
general and of the superintendent of
police, public safety and sanitation in
particular.
Dr. Coniiell's orders applied to nis
boss, Commissioner Kugel, as much
as the other members of the city coun
cil. Nothing is left for the city officials
to do but to obey the orders of the
health commissioner, who may cause
the arrest of the mayor and commis
sioners if they do not comply.
The city council expects that within
a lew weeks the legislature will have
passed a charter amendment which
will give the city officials authority
to sell bonds tor a new city jail.
A. T. Benson Returns from
An Eastern Buying Trip
A. T. Benson, just returned from a
buying trip to New York for the new
uptown Farnam street store, is very
enthusiastic over the unusual spring
styles he has seen. "To the eyes of
a mere man they are certainly pretty,
in addition to being very practical,'
Mr. Benson says. Mr. Thorne, for
merly associated with Mr. Benson,
has returned from the west and will
again join forces with his old part
ner. The name of the firm has not yet
been decided upon, but it will not
conflict with the company cf Benson
& Thorne, located at 1520 Farnam
at would vou db , v
Mygot5-aweM'?
Auto Men Fight
Wheel Tax; Would
Enjoin Officials
An effort is to be made to enjoin
the city officials from putting into
effect the wheel tax ordinance which
has recently been passed, and which
is scheduled to go into effect March 7.
Francis A. Brogan has been en
gaged as the attorney to prepare the
rase to go before the court for the
injunction.
Back of the movement are many or
ganizations in the city, including the
Automobile club, the Auto Dealers'
association, the Motor Truck associa
tion, the Team Owners' association,
the retailers and other organizations
7 is Simple Laxative
a Household Necessity
Dr. Caldwell's Syrup Pepsin
Should Have a Place in
Every Home
Constipation, or inaction of the
bowels, a condition that nearly every
one experiences with more or less
frequency, is the direct cause of much
disease. When the bowels become
clogged with refuse from the stom
ach, foul gases and poisons are gen
erated, and unless the congestion is
quickly relieved the system becomes
weakened and most susceptible to at
tack. Various remedies to relieve consti
pation are prescribed, but many of
these contain cathartic or purgative
agents that are harsh and violent in
their action and shock the system.
The most effective remedy is the com
bination of simple laxative herbs with
pepsin that is sold in drug stores un
der the name of Dr. Caldwell's Syrup
Pepsin.
The Hon. John D. Keister of Bran
dywine, W. Va., who has represented
his district in the state legislature for
six years, writes that he uses Dr.
Caldwell's Syrup Pepsin and finds it
a splendid laxative, easy to take and
mild, yet positive in its action, and
that it should be in every household
for use when needed.
Dr. Caldwell's Syrup l'epsin is sold
by druggists in all parts of the United
States and costs only lifty cents a
bottle. It contains no opiate or nar
cotic drug, does not gripe and is rec-
Various associations have opposed
the wheel tax from the start, and
when it was passed decided to oppose ,
it in the courts. When it was. found
that so many organizations opposed
it, each and every one willing to en
gage an attorney by itself and fight
the matter, someone conceived the
idea of calling representatives of the
various associations together and
working the fight out jointly.
From this resulted the meeting held
Monday at the office of the J. T.
Stewart Motor company, when repre
sentatives of these various organiza
tions were present. It was decided
to retain Francis A. Brogan, who is
now preparing the necessary legal
papers to make a fight for an injunc
tion. Give your Want Ad a chance to
make good, Run it in The Bee.
ommended as a family laxative, mild
enough for the tiniest babe, yet sut
ficiently powerful to act easily on th
strongest constitution.
To avoid imitations and ineffective)
substitutes be sure to get Dr. Cald.
well's Syrup Pepsin. See that a fac
simile of Dr. Caldwell's signature and
his portrait appear on the yellow car
ton in which the bottle is packed. A
trial bottle, free of charge, can be ob
tained by writing to Dr. W. B. Cald
well, 455 Washington St., Monticello,
Illinois.