a HE BEE: OMAHA, TUESDAY, JULY 2,
J AIL (10 ADS HINT
TO CHANGE RATE
STATUS DISLOYAL
Whole Theory of State zw Fed
f eral Government Rig! ls In
volved in Rail Ques
tion Discussed.
From a Staff Correspondent.
Lincoln, July 1. (Special.) Warn
ino' of Aire conseouences to somf oer-
"
4 son 8ven in a brief filed with the
' if " State Railway commission by the rail
," I roads of the state in the complaint
I brought by Sunderland Brothers com
, pany and others of Omaha in a case
involving rates on building material
,! ,?:n connection with the commission's
j - order, No. 19. The railroads say
I it would be sedition to follow the
,1 request made of the railway commis
i sion.
The brief states that on September
6, 1914, order No. 19 of the State
Railway commission made substantial
changes in the relationship of state
and interstate rates from and to the
principal distributing centers on the
Missouri river and in Nebraska which
romDeted for the trade of this state.
'( ; Thereafter complaints were filed with
Xne intersiaic vumiucrLC wiunuisiuu
comolaining of the discrimination
created by order 19 and a prayer
r . ....... m j ; l
granted mat tne ranroaas oc rcquiicu
.jjo remove the same. In compliance
therewith the railroads increased the
,yates from the Nebraska jobbing cen
ters, of which Omaha was one. The
trates have since been continuously
"in effect v
1 Made By Government.
' "It 5s immaterial for the purpose of
; this discussion as to what the future
! fate may be of these rates in any
pending legislation," says the court,
"as by general order No. 28, made by
Director of Railroads W. G. McAdop,
the rates effective on that date
were the rates which by that order
were increased upon the initiative of
the president of the United in and as
a part of the program of the opera
tion cf the railroads of the United
States by the federal government in
J . Ui CACt(aLa v. its nai isunvi iiai
based flpon that part of the con-
ttUlUtiVU w livu yiwiua mat.
gress shall have power to lay and col
lect taxes, imports and excises, to
pay the debts and to provide for the
defense and general welfare of the
United States; to declare war, grant
letters of marque and make rules
concerning captures on land and wa
ter, etc' Also to 'make laws which
shall (be necessary and proper for
carrying into execution the foregoing
powers and all other powers vested by
the constitution in the government of
the United States or any department
of officer thereof.'"
; Harks Back to Past. ,
According to the brief this last pro
vision was the subject of fierce attack
when the constitution was submitted
for adoption. It was vigorously de
fended by members of the constitu-
J. the' committee of 11 of that conven
tioit. "Among such supporters of
I course were Hamilton and Madison.
I Hamilton with his prophetic vision
1 was neerine throturh the future. 131
ears and perceived, the clamor of
1 1 ' 1861 for state rights and its mirage of
the 20th century reflected in national
1 conventions of State Railway , com-
i missions the exact conditions now
confronting us. :-
; Would Be Sedition.
The brief closes with the following:
. "If the complainants in this case were
to ask individuals to do that which
they are asking this commission to do.
the doing of it by the person asked
would be violation of the sedition act
passed' by the last legislature, and
with an emergency clause and which
became effective April 9, 1918, in
which interfering with the mobiliza
tion of or movement of troops or ob-
V I A, strutting the activities of the state or
jF federal government in the prosecution
V of the law would subject such per
sons to penalties prescribed by such
law. It would also be a violation of
the federal sedition act."
Pioneer of Fairbury Is
Stricken With Paralysis
Fairbury, Neb., July 1. C. C. Boyle,
a pioneer resident of Fairbury and
county judge of this county for 25
years, was stricken with paralysis
Saturday morning.
He lives at his home alone, where
he was found sitting in a chair in an
unconscious condition. Physicians
hold out little hopes of his recovery.
, Judge Boyle is 80 years old. comine
to Nebraska in the 60s. He freighted
ith oxen before the days of railroads.
Later he studied law and has prac
ticed his profession in Fairbury since
1870. One of his daughters, Mrs.
Ed Allen of this city is reported to
be the first girl born in Fairbury.
.nonpartisans Scored by
Defense Council of Gaggge
$ Beatrice Neb., July 1. (Special.)
ft a meeting of the defense council
Saturday night a resolution was
passed denouncing the Nonpar
tisan league as detrimental to the best
interests of the people of Nebraska
and as unpatriotic, and asking all
loyal members to withdraw there
from. Sam McKelvie of Lincoln ad
dressed the meeting along patriotic
lines. . Addresses were also delivered
by A. H. Ridd, J. C. Emery, Samuel
Rinaker and others. Steps will be
taken to oppose the meeting of the
league to be held here next Tuesday.
Marsh Files for Auditor.
(From Sta'ff Correspondent.)
LatOln, Neb., July 1. (Special.)
George XW. Marsh of Lincoln has filed
for the republican nomination for
State auditor. Mr. Marsh, filled the
position of secretary of state two
terms, was deputy for a couple of
terms and was a candidate for state
auditor at the last election, but was
defeated by the present encumbent.
.W. H. Smith.
.Training Schools for Army
Nurses to Be Established
- New York, July 1 An ' army
ehOOl Of nursinor TxrUh hnm-h
. . - " o ...... ubh).ii liant-
tner rtntprt m ?ar?n.a 'Wi.!...... line
- o ( ... Tm.vua til una y uua-
pitals throughout the country will
be established immediately by the
army medical department, according
Uo announcement here tonight
SENATOR SHOMWAY -DIES
AUIM0L1I
Member of Legislatute in Three
of Its Sessions Passes Away
After Long J"lnes3, Mem
ber Many Orders.
From a Staff Correspondent.
T .'nnin Tnlv i frrian Her
bert P. Shumway of Wakefield, who
had been quite ill for several montns
at the Bailey sanitarium in this city,
died last night and the body, ac
companied by Mrs. Shumway, a
krilir and sister nnrl rvtViir relatives
who were present when he died, was
taken to Lyons today tor ouriai.
Senator Shumway came to Nebras
ka in 1880 and settled soon after on
a farm near Wakefield in Dixon comi
ty. He was a graduate of the Uni
versity of Minnesota. He was born
in Caledonia, Minn., in looo. boon
ffAt i-Atninor fn TehracVa Vl p en
gaged in the lumber business at
Lyons and Wakeheld. in ivui to
1904 he was associated with others in
the building of a line of railroad in
Mvirn He was a member of the
state senate of Nebraska in 1901 and
again in 1913 and 1V15.
Senator Shiimwav was a member of
the Masons, Snriners, Elks, Odd Fel-
lows, Modern vvooumen, unueu
Workmen, Eastern Star and Sons of
Veterans and was on the start ot
Governors Crounse, Mickey and Shel.
don.
He was a candidate for lieutenant
governor on the republican ticket at
flie tae elertinn hilt went dnwnfwith
the rest of the ticket in the demo
cratic landslide. He had tiled tor the
reoublican nomination for the same
office this year.
McMullen for Congress
Club Formed at Beatrice
Beatrice, Neb., July 1. (Special.)
A number of republicans held a meet
ing here Friday night and organized
a "McMullen for Congress" club.
Dwight S. Dalbey was elected presi
dent and F. E. Lenhart, sercretary.
Mrs. Ida Tracy of this city was married
yesterday at Nevada, Mo., to Rlnehardt
Broeker of Kansas City. The couple will
reside at Kansas City.
S. B. Moore Saturday filed for the re
publican nomination of sheriff. Others fil
ing are F. E. Wheeler and J. Q. Reed.
Charging desertion and cruelty, Raymond
Walker, a member of the fire department,
Saturday brought suit for divorce against
Emma Walker.
The Farmers' Elevator company of
Clatonla Saturday filed suit for 1450 dam
ages against O. W. Schmidt, a farmer who
Is charged with refusal to fulfill a contract
for the delivery of 1,000 bushels of corn, ac
cording to hi agreement with the com
pany. Four hundred South Dakota draft men
were entertained at breakfast yesterday
morning which was given in the Methodist
church parlor by the ladies of the Metho
dist church.
Corporal "Muck" Kyle of the 184th regi
ment stationed at Camp Cody, arrived In
town yesterday for a brief visit with his
parents. He says that all of the members
of old Company C of this city have gone
to eastern training camp with the exception
of about thirty.
Lieutenant Verne Ayers of this city, who
has been critically 111 at the aviation field
near Fort Worth, Tex., from an attack of
pneumonia, Is reported much better.
Patrick Moore, an old resident of Wymore,
died yesterday. He was. formerly In the
employ of the Burlington at that place, but
was engaged In the grocery business at the
time of his death.
Baby Girl Comes to Home
of Governor and Mrs. Neville
Lincoln, Neb., July 1. (Special Tel
egram.) A girl baby today was born
to the home of Governor and Mrs.
Neville. There are no boys in the
family, but this is the fourth girl that
has been born to the governor and his
wife.
Jones in State Berth.
From a Staff Correspondent
Lincoln, July 1. (Special). O. L.
Jones of Lincoln has been appointed
assistant attorney general to fill the
vacancy caused by the resignation of
John Cutright jr., who has entered
the military service of the United
States. Mr. Jones is a well known
attorney of Lincoln and was a candi
date for the democratic nomination
for county attorney, but will with
draw his candidacy.
Soldiers and Their Vote.
(From a Staff Correspondent.)
Lincoln, Neb., July I. (Special.)
Governor Neville and Secretary of
State Pool are desirous that a correc
tion should be made of a statement
made by the newspapers that the
War department will not be able to
furnish lists of Nebraska soldiers in
France in time for them to vote at the
primary. The Nebraska law does not
provide that soldiers out of the United
States can vote at the primary.
Obituarks
MRS. ISABELLA MORGAN died
Monday morning at the Old People's
home on Fontenelle boulevard. She
was 89 years old. She is survived by
one son, Joseph. The funeral will
take place from the home at 2:30
p. m. Tuesday.
MISS ERICA AMANDA, aged 41
years, daughter of Mr. and Mrs. John
Lundberg, 3304 Blondo street, died
Sunday. The funeral will be held
Tuesday at 2 p. m. from N. P. Swan
son's parlors to Swedish Mission,
Twenty-third and Davenport streets,
with interment at Forest Lawn cem
etery. MRS. MART LOGSDON, wife of E.
G. Logsdon, died Monday. She is
survived by her husband and three
sons, Michael and Emanuel, of Oma
ha, and four daughters, Mrs. William
Haughton, Mrs. Mary Davis and Mrs.
Margaret and Claire Logsdon. The
funeral will be held Wednesday from
the residence, 2561 Ames avenue, at
8:30 a. m. to Holy Angel church, with
interment in Holy Sepulcher ceme
tery. MRS. EVA Hi. BURST ALL, 71 years
old, died at the home of her daughter,
Mrs. H. P. Van Arsdale, 2864 Bristol
street, yesterday. Funeral services
will be held at 2:30 o'clock in the
home. Mrs. Burstall came to Nebras
ka in 1882, making her home in this
state for 36 years. She is survived by
her sister, Mrs. Will Adams of Omaha.
and five daughters, Mrs. Van Arsdale,
Mrs. O. W. Auchmoedv. Mrs. H. T.
Whitman, Mrs. T. H. Holden, all of
umaha, and Mrs. Vint of Los Angeles.
One son, Burt Burstall, resides in Ox
ford, Cal.
Decatur Fills Quota of
Recruits in Less Than Hour
Corporal Robert Goldberg, who
service out in the state, reports that
Decatur is the most loyal tewn in
XT-I 1 TT ...
mcorasKa. xie reported to tne post
master that the town's rmnta ia -fntir
recruits, and in less than an hour the
business men of the city appeared
wua tour young recruit
NONPARTISAN MAN
AFTER WITNESSES
THROWN IN JAIL
Walter E. Quigley Given Warm
Reception When He Goes
to Saunders County to
Dig Up Testimony.
. From a Staff Correspondent.
Lincoln, Neb., July 1. (Special Tel
egram.) Trouble between the State
Council of Defense and the Non
partisan league became more acute
today when it became known
that Walter E, Qdgley. Nonpar
tian league organizer, who had
gone to Saunders county to obtain
witnesses for the hearing today in
which the league had appealed to the
Lancaster county district court for
a restraining order to prevent the
council of defense from intfering
with meetings of the league, had been
arrested by Saunders county officials
and thrown into jail.
In its answer for a prayer for a
restraining order against the council
asked for by the league, the former
set out that the court had no juris
diction over a matter which was pure
ly a political affair, neither had the
league any legal capacity for the rea
son that it has no company or asso
ciation for the purpose of carrying on
any trade or business or holding
property in the state.
On the other hand the council of
defense is a body created by the
legislature is invested with quasi
judicial functions and is beyond the
power of the district court to enjoin.
The answer further states that the
league is engaged in discouraging the
people from backing up the govern
ment and that its organizers have
been placed under arrest for sedi
tious acts.
The answer further sets forth that
the league meetings in the state have
been the cause of disturbances and riot
and controversies between citizens,
and that the organization of the
league tends to destroy the effective
ness of the citizenship of the state
toward the prosecution of the war.
Most of the afternoon was passed
in argument, Strode and Beghtol ap
pearing for the council for defense,
and Flansburg and Sorenson for the
league. The case was continued un
til tomorrow morning.
Fremont Pionneer Dies in
Douglas, Wyo., 85 Years Old
Fremont, Neb., July 1. (Special
Telegram). William B. Lee, last of
the little band of pioneer settlers who
came to Fremont in 1856, died at the
home of his daughter, Mrs. John
Flynn, Douglas, Wyo. The body will
be brought to Fremont for burial.
Where he resided for 62 years. Mr.
Lee, a native of Ireland, was 85 years
old.
A month ago, following the death
of his wife, he went to Douglas to
reside with his daughter. He came
to America in 1850, locating in Penn
sylvania. Three years later he re
moved to Wisconsin, and in 1856
came to Fremont. He helped lay
out the townsite of Fremont and
was prominent in community affairs
in the early days. Two daughters,
Mrs. John Flynn and Mrs. A. R.
Merritt of Douglas, and two sons, Ed,
of Brownlee, and Frank, of Oregon,
are the close surviving relatives.
100 W.S.S. Societies in Dodge
Fremont, Neb., July 1. (Special
Telegram. Over 100 war savings so
cieties have been organized in Dodge
county, according to reports received
by the county superintendent, J. W.
Matzen, director for Dodge county.
Scores of committees are yet to re
port. i i .i i i i ii M
Miss Templeton to Saratoga.
From a Staff Correspondent
Lincoln, July 1. (Special). Miss
Charlotte Templeton, secretary of the
state traveling library commission,
has been called to Saratoga, N. Y., to
a meeting of library secretaries to
discuss war libraries for the soldiers
across the water which meets in that
citv this week.
LEMON JUICE
TAKES OFF TAN
Girls! Make bleaching lotion
if skin is sunburned,
tanned or freckled
Squeeze the juice of two lemons
into a bottle containing three ounces
of Orchard White, shake well, and
you have a quarter pint of the best
freckle, sunburn and tan lotion, and
complexion beautifier at very, very
small cost.
Your grocer has the lemons and
any drug store or toilet counter will
supply three ounces of Orchard
White for a few cents. Massage this
sweetly fragrant lotion into the face,
neck, arms and hands each day and
see how freckles, sunburn, windburn
and tan disappear and how clear, soft
and white the skin becomes. Yes!
It is harmless Adv.
A DRUGGIST SAID:
I have traded with one cleaner for about
25 years and they have always "made
good." I have heard that the Carey Clean
ing; Co. do excellent vork, but I have no
reason to change. No room for argu
ment there. But remember, if you do
make a change, that the Carey Cleaning
Co. does excellent work.
Neckties Cleaned 10c
The Inn at Okoboji
Fifteenth Season Under Same
Management. Special Attention
to Automobile Parties.
Callender ic Jaquith.
Bell-ans
Absolutely Removes
Indigestion. Druggists'
refund money if it fails. 25c
Bloody Criminal h
Delivered to T. Flynn;
It' 8 Big German Flag
A large German flag hangs in the
office of United States Marshall
Flynn.
The big flag is nailed into a long,
bare wooden coffin and never will
be unfurled in the land of the free
and the home of the brave. It will
be dumped into a dishonorable
grave for the red is stained with the
blood of Belgium; the white sug
gests the "scraps of paper" of a
double crossing government; the
black is a bit of the heart of Ger
many. The flag is said to be the largest
in captivity and was sent to United
States Marshal Flynn by W. A.
Brown, sheriff of Stanton county,
who decided that "no more bloody
criminal was ever delivered to the
custody of United States officials."
Omaha Headquarters
For One of Plants
For War Industries
Manufacturers in Omaha and heads
of the larger industrial plants through
out Nebraska today appeared in Kan
sas City lor a conference with Frank
lin D. Crabbs, regional industrial di
rector. To enable the government tc deter
mine what the factories of this trade
rone can produce and how many
plants can be turned from nonessen
tial to essential war production, rep
resentative manufactirers from Kan
sas, Nebraska, Oklahoma, Utah, Col
orado, Wyoming, Northern New Mex
ico and western Missouri are in ses
sion there.
Omaha was made the headquarters
of one of the subregional districts, it
including Nebraska.
Iowan One of Two
Killed When Plane '
' Tumbles in Flames
Fort Worth. Tex.. July 1 Lt.
William De C. Ravenatl, jr., of Wash
ington, D. C, and Corp. Kay L. Ban
ning of Cresco; la., stationed at Hicks
aviation field here, were killed today
when the airplanpe in, which they
were ying fell in ames.
Minneapolis Newspapers
Make Advance in Prices
Minneapolis, Minn.; July 1. -The
Minneapolis Journal the Evening
Tribune and Daily News, today in
creased prices of their papers from 1
to 2 cents. The Minneapolis Morning
Tribune recently increased its price
from 1 to 2 cents.
The Sunday issues of the Journal
and Tribune will be 6 cents instead of
5 cents, hereafter.
Grand Island Head :ters'
v nuiu oi. jug iu iviuiyavuiv. ,
St. Joseph,' Mo., July 1. (Specia' -Telegram.)
The general offices of tl
Grand Island railroad were moved to
night from St. Joseph to Marysville .
Kan. This announcement was" madt
today by W. M. JefferS of thUnior
Pacific and t Grand . Isiandf roads
Marysville will become the centra,
point fof all-business of the two
roads in this section.
The reason for the change is tin
demand for efficiency and the neces
sity of combining the branches " o
the two roads under, a central hejd .
The loss to St. Joseph is a heavy on
President Nominates Tedrow
U. S. Attorney in Colorado
Washington, July 1. President
Wilson today nominated Harry Ted
row of Denver as federal attorney for
the district of Colorado. . ;
lures
EVERYBODY STORE"
Monday, July 1, 1918-
-STORE NEWS FOR TUESDAY-
-Phone Douglas 137
ON THE
SQUARE
AT THE ELEVATOR
Boys9 Wash
Suits
$1.50 to $2.95
An assortment of wash
Suits for boys. A variety
of styles from which to
choose, ages 2 to 8 years.
The materials are Galatea,
K i n d e r g arten Cloth,
Chambray, Madras, Per
cales, Etc. All colors, in
stripes, figures and plain.
Priced for Tuesday, from
$1.50 to $2.95.
8urfis-Nash Co. Main Flooi
Hags for the"4th"
AS every loyal American
should display the colors
o n Independence
Day, Thursday
we have arranged
for your selection
a special display
of American flags,
as well as those of
the allies.
American flags, 5c to $39.50.
American silk flags,, 5c to
$60.00.
Allied flags, including Brit
ish, French, Italian and Bel
gian, 25c.
Burg ess-Nash Co. Down Stairs Stor.
You Vrill Find These
WASH SKIRTS
Wonderful Values at
$1.47
I
MANY pretty styles to select from, made from such materials as gabardine, eith
er plain or self stripe, piques. Also white and tan grounds, with colored
figures and stripes.
Regular sizes 23 to 30 waist measure. Smartly trimmed with buttons; some
have pockets, some without. Remarkable values at $1.47.
Bur.ss-Nash Co. Down Stairs Stor
Continuing Our Clearaway Sale Of
SPORTING GOODS ,
Featuring for Tuesday goods that will be of interest to those preparing for the "fourth" a day of
fishing, tennis, golf, base ball, croquet, etc.
Tennis Rackets
20 Off
A wide assortment embrac
ing tennis raquets, nets, balls
and raquet covers.
Fishing Tackle
About 25 Off
Everything a fisher needs,
rods of all kinds, tackle boxes,
baits, lines, hooks, etc.
Golf Clubs
25 Off
Of great interest to golfers
is this sale of clubs, includ
ing all kinds, balls and golf
bags.
Croquet Sets
Off
Everyone likes to play cro
quet, and sets o 4, 6 and, 8
balls have been reduced, one
fourth off regular price. ,
THRU the NEW ERA CLUB Plan We Will Deliver a
"Standard" Rotary Sewing Machine
for a Five Cent First Payment
The plan is simple, safe and helpful. It gives you the best
Sewing Machine in America at less than usual cash price and
in the easiest way yet devised.
The Standard Rotary is the lightest, the fastest and the
easiest-running Sewing Machine to operate in the world. It
has a score of advantages such as the "sit-straight" idea, lock
and chain stitch device. Every woman should have one NOW.
Cash Dividends
Anticipating the final payments, pay them in advance, and
for each final payment you pay or take up in advance you get a
10 cash dividend.
In this way you can save for yourself $3.80 extra on this
$39.00 Standard Rotary in cash dividends alone. You can pay
as n-.v::h cash as you please.
Six-drawer style the world's best
machine, lock and chain stitch
central needle style.
STANDARD ROTARY
$39.00
First payment
immediate delivery
then every week
you pay 6 cents
more than the pre
vious week's payment.
II"
