THJi BEE: OMAHA, FRIDAY, JUNE 27, 1919.
Lincoln Bureau of The Omaha Bee
NONPARTISAN
PLAN MAY PROVE
TO BE ILLEGAL
, Illinois Law, Which Is Same
as Nebraska Statute,
Thought to be
Unconstitutional.
Lincoln, June 26. Although Ne
braska has the same kind of a con
stitution relative to the matter of
constitutional conventions as has Il
linois and although this state has
gone ahead and made arrangement
for the election of members of the
constitutional convention under the
nonpartisan plan, according to in
formation received by Governor Mc
Kelvie from Illinois, a committee
consisting of some of the leading at
torneys of that state and another
committee from the civic associa
tion, after a thorough investigation
of the- constitutional provision of
that state relative to election of
members of the convention, were
unanimous in the opinion that a
convention in which the members
.were selected on the nonpartisan
plan would be uncostttutional.
Provision of State Law.
The provision of the Nebraska
.constitution covering the election of
members of the constitutional con
tention reads as follows:
Bc. . (Convention to revise Consu
ltation.) Wbtn three-fifth of the mem
bers elected to each branch of the leg
islature deem It necessary to call a con
vention to revise, emend or change this
constitution, they shall recommend to the
'lectors to vote at the next election of
members ot the legislature for or agaln.it
t convention, and If a majority voting at
said election vote for a convention, the
legislature shall, at Its next session, pro
vide by law for calling the snme. The
convention shall consist of as many mem
'bers as the house of representatives, who
shall be chosen In the same manner and
sail meet within tr.Tee months after their
election for the purpose aforesaid. No
amendment of change of this constitu
tion, agreed upon by such convention,
shall take effect until the same has been
submitted to the electors of the state and
adopted by a majority ot those voting for
and against the same.
; Interpretation of Attorneys.
'"who shall be chosen in the same
lawyers to mean the same method
as that used in electing members of
the legislature and as there was no
;law enabling members of the
legislature to be elected on a non
partisan ballot, the same would ap
ply to " the same manner as it re
lated to members of the constitu
tional convention.
If the Illinois, attorneys .... are
right,' will the constitutional con
vention of Nebraska whose mem
bers are to be elected on tin non
partisan plan, be constitutional?
- P. A. Barrows, Correspondent ""
Railway Commission Files
Answer in Traction Case
Lincoln, June 26. The State Rail
way commission has filed in the
federal court its answer to the Lin
coln Traction company, in which the
latter challenges the jurisdiction of
the commission over rates.
The traction company holds that
tas it is consolidated with its light,
heat and power company that the
commission cannot enter into a
matter which cover rates. The
commission in answer holds that it
has authority over the issuing of
bonds and other securities, there
fore is within its jurisdiction in the
matter of adjustment of rates for
the street car company.
Fruit Crop of State Short
Because of the Late Frost
Lincoln, June 26. According to
Secretary Webber of the State Hor
ticultural society, the apple crop of
.this state will be about 30. to SO per
cent of the average, and about 80
per cent over the crop of last year.
Cherries are about 80 per cent;
pears, 20 per cent: peaches, none';
berries of all kinds, about 75 to 80
per cent.
This is the estimation of leading
fruit men of the state, with whom
the secretary has been in communi
cation. Only for the late frost this
year, the fruit crop would have been
a bumper one.
CONTROL BOARD
HAS 'LAST WORD'
IN M'MAHON CASE
Find That Former Superin
tendent of Girls' Industrial
School Owes State $35.33;
Discover Three Errors.
State Patrol Boat Picks
Up Many Dry Law Violators
Lincoln, June 26. The law en
forcement department of the state
for about two weeks has been run
ning a motor boat on the Missouri
river between Omaha and Running
Water with a considerable degree of
success in apprehending violators of
the law. Now they, are putting on
another to watch things between
Omaha and Rulo.
Many offenders of the law are
crossing the Missouri irf boats with
their contraband booze and about
the only way to get them is to use
the water methods also.
New Control Board Member
a ''"'- " (a II MAI ItM A Hi l4lAA I ittt 1
Lincoln, June 26. Dr. B,. F. Wil
liams, former' superintendent of the
Lincoln insane hospital, who has
been in the government service for
more than a year and who was ap
pointed as a member of the State
Board of control to fill the vacancy
caused by the resignation of Eugene
Mayfield, will be discharged from
service at Fprt Dodge June 30. He
is expected to begin his duties on
the board July 1.
To Appraise Lands. '
Lincoln, June 26. Land Commisr
sioner Dan Swanson and Secretary
of : State D, M. Amsbury left
Thursday for an inspection trip for
appraisement of school lands in
Custer, Sheridan and other counties.
Chief Scribe of Nebraska
Leader Calls on Governor
Lincoln, June , 26. Col. Fred
Carey, ; former Omaha newspaper
man but now chief scribe for the
Nebraska .Leader, the new organ of
the Nonpartisan league, has arrived
in the city and called at the execu
tive offices to pay his respects to
the governor.
It is not known what particular
brand of conversation took place be
tween the executive and the editor
of the Leader, but it is understood
that the governor was admonished
that "Now is the time to subscribe."
More Jruqks Received
for Use in Road Building
Lincoln, jlurie 26. The 'state en
gineer's office; receeived -32 more
trucks -front :the government for use
in. road building. These trucks are
not to be apportioned out to the
different counties of the state, as
some believe, but will be in the cus
tody of the state engineer and will
be placed where they, will be needed
and used the most. There will be
about 40 Oof them when they get
here. ,
Crops Damaged by Storm.
Fremont, Neb., June 261 (Spe
cial Telegram.) Considerable
damage resulted from the
rain and windstorm in this vicintiy
weanesaay nignt. corn, in many
fields is flat on the ground and
much of the wheat in the-path of
the storm east of Fremont is so
badly blown down that harvest will
be difficult:
The tool Rockies of
I M R1 I
Go this summer where Zane Grey
went through the land of the
purple sage.
Follow the footsteps of Roosevelt,
among the Hopis and Navajos, to
Rainbow Bridge.
Visit, with Lum mis, among the
Pueblo Indians of New Mexico, or
where Powell voyaged the Grand
Canyon's mighty river.
See Santa Fe, oldest city of the
Southwest.
Cool off at Cloudcroft '
Auto-tour the Apache Trail.
Take an outing with Romance and
Adventure. Get off the beaten path.
Summer Excursion Fares
Ask the local ticket agent to help plan your trip or apply to the nearest
Consolidated Ticket Office or address nearest Travel Bureau, U. S.
Railroad Administration, 646 Transportation Building, Chicago: 143
Liberty Street, New York Gtr: 602 Healey Building. Atlanta, Ga.
Aik Vllu8ed.bw.kJLetV-!.Arizona nd New Mexico Rockies,"
, Grand Canyon National Park," "Petrified Forest National Monument"
United -States Railroad Admdstxm
consolidated ticket office,
1416 Dodg StrMt, Omaha, Neb.
I ' ISIA TWEE
nSSSSBBSSBBBiMBBBBBHlHHBMBHfiBa
BOXWOOD TREES
in all shapes and sizes. ,
Closing out Saturday, June 28, at
LEE. LARMON'S, Fontenelle Florist.
Lincoln, June 26. The State Board
of Control has submitted what i
calls its "last word" in. the contro
versy regarding the resignation of
Miss Lyda J. McMahon as superin
tendent of the Girls' Industrial
school at Geneva, seemingly forget
ting that it is alwavs a woman s
prerogative to have the "last word"
in an controversies, ana u is jusi
barely possible that this may be no
exception to the rule.
The board members represent that
because of errors and other thinlgs
Miss McMahon owed the State when
she quit $188.57. They then credit
her with salary, items of property
she had bought for the institution
which the board refused to allow
and which she paid out of her own
exchequer to the amout of $15J.:4,
leaving her owing the state, accord
ing to their figures, $35.33. In the
charges against her they show three
errors, one for 1 cent, one for :
cents and another for 6 cents, indi
eating that they have gone into the
matter very thoroughly. They
charge her with items of hogs .sold
which thev claim no credit was
given, a matter which was sifted at
the hearing.
Findings of Board.
In their findings they make the
following showing:
The board finds generally that the for
mer superintendent had by her action as
such superintendent. In several different.
aspects, acted In such a way as to m'll
tate against the best success In the man
agement of the Institution and In such
a way aa to Justify and make necessary
for the rood of the Institution the sev
erance of her relation aa such superin
tendent; more particularly as follows
(a) As to the Immoral acts shown to
have existed between the musical In
structor and one of the employes, for
merly an Inmate of the Institution, the
course pursued by the superintendent n
respect to such matter, and especially her
failure to promptly advise the board of
the situation, was highly detrimental to
the best Interests of the Institution and
Its welfare, and greatly weakened ts
reputation and ability to do effective
work among the people generally, aid
was auch a breach of confidence and 10
operation with the board as to prevent
cordial co-operation and narmoulous ac
tion in the future, and rendering the
further usefulness of the superintendent
as highly improbable, if not Impossible.
(b) It was further found that in the
matter of conducting the institution
along business line and In an economic
manner the board did not receive the
help, encouragement, and co-operaticn
from the superintendent that It should
have received, and for that reason was
unable to succeed as well as otherwise
It could have done and as' Is done in In
stitutions generally In pursuing a policy
of strict economy in the way of expendi
tures for the support of the Institution.
(c). The board further finds that It
was misled and deceived as to the meth
ods of punishment resorted to for viola
tion of rules, misconduct, etc., and that
methods of punishment were resorted to
that were more sever, than the situa
tion Justified ( that such punishment was
frequently left to the discretion and Judg
ment of employes having In charge thos
so punished; and that while the rules
required a report of all such punishments,
the nature of the same and the reasons
to be promptly reported on report cards
prepared especially for this purpose,
there was complete failure to observe
this rule save in two Instances where the
punishment was light in Its character
and regarding which no exception could
be taken, while In many other instances
where there was severe and unusual pun
ishment Inflicted no report of the same
was ever given the board, but on -he
contrary. It was led to believe that eor
poral punishment was not engaged In and
that It was not found necessary to resort
to It, save In the two exceptional cases
referred to.
(d) That the best Interests of the -i-stltution
were subserved by the resigns,
tlon of the superintendent and that no
further or different order or conclusion Is,
under the circumstances, required.
German Language
School Closed by
County Attorney
Auroray Neb., June 26. The
school which has been conducted
by Miss Mary Regier near Hen
derson, in which the German
language was being taught in the
study of lessons from the Bible, has
been discontinued. County Attor
ney F. E. Edgerton served notice
last Friday that the school must be
closed at once or action would be
taken
The fact that the teacher was
teaching the German language from
the Bible and using it as alleged
preparation for the Sunday school
lesson throws some doubt on the
outcome of the prosecution by
reason of the constitutional pro
vision relating to worship.
Ex-Convict Identified as
Swindler of Fremont Man
Fremont,,' Neb., June 26.-L(Spe-cial
Telegram). Henry G. Fisher,
former . Forest City, Ark.,
farmer, who was brought to
Fremont from Wautan, Wis.,
where he served a term of five
years for swindling, to answer to
a charge of mulcting John O'Con
nor, former county clerk, out of
$3,000, nine years ago, was identi
fied by both Mr. and Mrs. O'Con
nor in the county jail. Fisher re
fused, however, to talk about the
Fremont forgery. He said that too
much booze caused his downfall at
Waukesha.
Fisher told newspaper men that
his fortune of $50,000 has disap
peared ' and that with it went his
friends. Even his wife, who stood
by him when he was first arrested
for the -Waukesha crime, has de
serted him, he said.
For several years Fisher oper
ated a large plantation near Forest
City, Ark. He says he has not de
cided as to what course to pursue.
He will be arranged this week.
Wife of Sheriff Is First
Woman to Fly Over Beatirce
'Beatrice, Neb., June 26. (Spe
cial.) Mrs. J. L. Schiek, wife of
Sheriff Schiek, is the first woman
to ride over Beatrice in an air
plane. Lieutenant Stevens, pilot of
Dr. Frank Brewster plane, wmcr.
is giving exhibitions here at the
circuit races, made trips with a num
ber of passengers, which included
Sheriff Schiek and wife, Miss Beu
lah Brewster,, sister of the doctor,
and. Hugo, Ahlquist, . ,
EXTRACTS FROM
TOWNLEY TALKS
READ IN COURT
President of Nonpartisan
League Charged With Con
spiracy to Commit Dis
loyalty to U. S.
Jackson, Minn., June 26. Long
extracts from addresses by A. C.
Townley at meetings at New Ulin,
Minn., in 1917 and 1918, were read
into the record in district court
here at the trial of President Town
ley of the National Nonpartisir
league and his former lieutenant,
Joseph Gilbert, who are charged
with conspiracy to commit disloy
alty. The Townley addresses were
made at New Ulm, June 22, 191?
and February 20, 1918. The report
of the first address, as printed in
the New Ulm Journal, was read
by Philip Leisch. publisher of the
Journal, and the second addrsss
was read by Alexander Seifert,
court reporter from Springfield,
Minn., who testified that he cop'd
the speech in shorthand. The re
ports of the speeches were admit
ted as evidence.
The defendants' attorneys did not
question the accuracy of either of
them as read in court. In fact, they
read into the record lone sections
of the speeches after the prosecut
ing attorney introduced sections
which he claimed were part of the
evidence upon which the disloyalty
charges are based.
Assails War Profiteers.
In both addresses, as read in
court, Townley discussed the war
and devoted most of his time to
consideration of economic issues
and to assailing "war profiteers "
Townley charged m both speeches
that in 1915 "the nrofits of war cor
porations were $4,000,000,000" and
he demanded that the wealth of the
nation should be conscripted as well
as the men.
The portion of Townley's second
speech at New Ulm, which received
the most attention from the attor
nevs. follows:
"You hear them say all over the
country that this is not a time for
policies; this is not a time for the
people to be agitated; this is not a
time for you to think. This is a
time when you ought to be perfect
ly quiet. Don't wake up and look
around, for if you look around, you
are sure to see something. That
is what they mean. .
"Have Right to Raise Hell."
"If your boy refuses or neglects
to register for war service do these
gentlemen keep quiet; do they say
then that this is' a time when we
ought to have no trouble? Oh, no.
They will raise hell to see that your
boy goes to war. And so, now,
gentlemen, when these men like
wise refuse, neglect or forget to
turn over these $4,000,000,000 a year
war profits we have a right to raise
hell until they turn it over.
Blood and flesh alone cannot
win the war. It takes money to
back the boys. They have gone
to win the war and they have got
our money. Ihose American peo
ple, these farmers have heard the
calls of the government to' make a
sacrifice to win this war against
autocracy. We have heard them
call and you have heard it. Your
boys have gone in response to the
call. You are making every sacri
fice reouired of you. Your boys
are making every sacrifice required
of them. .We heard the call and we
do stand behind the government.
We do stand behind the president.
"Now we demand that you gentle
men also stand behind the govern
ment, stand behind the president
with your money. They say they
do. If you will watch them, if you
will look around, if you will study
the gentlemen who are making these
profits, the, beef trust, the steel
trust, the sugar trust, the food spec
ulators, you will find that they say
they do stand behind the president.
I guess they do, but they are too
damned far behind."
Townley was not in court. His
associates said they expected he
would arrive tonight.
"WO
-"i r-T-niiniii i r l
f9
pvrnNGTii&
NEXT ONE
OVER"
WITM-DUGS-DAER
THE Boosters' big comeback was from first to fifth.
.
Fight experts busy. They're the birds' who only guess wrong
once each try.
Phils hung up
break.
a 1919 losing streak record that only the Phils can
Asks Damages for Injuries
Sustained on 16th of April
Aurora. Neb., June 26. (Special.)
Action for $5,000 damages has
been brought in the district court
of Hamilton county by Mrs. Aman
da Forsythe Murray of Julesburg,
Colo., against Ray Walker, Rober
Y. Barnes and Andrew Peterson.
Mrs. Murray alleges that she sus
tained serious injuries when her
two grandchildren, Thelma and Es
ther Pollard, were forcibly - taker;
from her by the defendants on the
16th of last April Both parents ot
the children, Mr. and Mrs. Lester
S. Pollard, died of influenza last
November.
Wife of Scottsbluff Man
Asks Separate Maintenance
Aurora, Neb., June 26. (Spe
cial.) Suit for separate maintenance
has been filed in district court by
Hallene M. Wheeler of Scottsbluff
against Forest G. Wheeler, deputy
county clerk of Hamilton county.
The couple were married at Gilt
ner just a year ago. They lived to
gether until Wheeler was called to
the army in October.
Mrs. Wheeler alleges that he has
shown no disposition to reestablish
a home since that time and she
wants him to contribute $75 a month
toward her living expenses.
Alleged Automobile Thief
Released on $2,000 Bonds
Aurora, Neb., June 26. (Spe
cial.) Milan Shepherd, who has
been in the custody of the sheriff
for the past week on the charge of
being connected with a series of au
tomobile thefts, gave bond for $2,000
signed by his father. His prelimi
nary hearing is set for July 15th.
Sheriff Howard has recovered 13
stolen automobiles within the past
two weeks in Hamilton and Merrick
counties. Ownership of most of the
machines has been traced to Omaha.
Where Barnum was wrong was that he never put gloves on 'em.
Cravath can pat those Spalding berries neater and further than Ajax
could with four blackjacks and a bass fiddle loaded with dynamite. If
the old boy could hoof like he can spank he would be leading the works
so far that the next guy wouldn't be next at all. At all.
i
Gavvy's props are built like a couple of wharf pilings and are just
about as nimble. He loses more infield hits than there is tattooing in
the navy.
Once we piped the old bird stepping out to grab second base. The
pitcher wound up like a windmill in a feeble breeze in order to get every
thing set right. Just like putting sugar on tanglefoot to snare flies.
Same idea. Cravath grabbed a lead that would have landed the
kaiser in Paris if distributed in the right direction. He was knocking off
50 miles per hour, but 49 of those miles were straight up and down. Just
like riding in a flivver on an oyster shell turnpike.
The pitcher tossed a fungo to the catcher and all the time Gavvy's
dogs were aimed toward second. He was picking 'em up and laying 'em
down good. It was a wild ankle excursion. His elbows were steaming
a million, but his insteps were cold. The catcher snapped off a chew of
Piper Heidsieck and tossed another fungo to second base. Gavvy was
out by a boat length if the boat was the Leviathan.
His head was sure full of larceny.
But his feet were honest.
Private Kirk Miller of the Sight Seeing Sixth is back in America with
his division. While racing the porpoises west, Private Miller took a
plebiscite of inhabitants on the boat It was a consensus of seasick
opinion that 60 smackers ain't much for a Toledo seat if the two leading
men pack a meat axe in each hand and one behind each ear.
Head of Coal Dealers Talks
At Public Affairs Luncheon
George H. Cushing, managing di
rector of the American Coal Deal
ers' association addressed the mem
bers of the Chamber of Commerce
at the noonday luncheon of the pub
lic affairs committee yesterday He
spoke on the coal situation.
PHOTOPLAYS
I V A . m SB B IB
TODAY AND SATURDAY
1 P. M. Continuous 11 P. M.
Monroe Salisbury
The Mansfield of the Screen, in a
Wonderful . Drama of Human Love.
"The Sleeping Lion"
Hearst News Two Reel Comedy
Admission 20c Children 10a
PHOTOPLAYS
Jx'THOS.HJNCEssI
We all join the booze alumni on the 1st.
batter
Walter Tohnson has gone back a lot. but not enough for a
to see.
Government control seems to be sidetracking the expresses in order
to let the locals go by.
' If Sir Thomas Lipton waits much longer, the only sails flapping in
the breeze will be the kind the washlady hangs on the line with clothes
pins.
9mn
In "PUTTING
ONE OVER."
ENID
BENNETT
in THE HAUNTED
BEDROOM
JfCpanmwtQiiclunr
TODAY AND SATURDAY
Lothrop
24th and ,
, Lothrop
D. W. GRIFFITH'S , v--'
"The Greatest Thing In Life"
to life and may pop out of eighth place, but it
always give3 a guy a chill down the spinepiece to see a mausoleum door
being opened from the inside.
Wiches are coming t
Therewill be
June 30.
a Mother's day every year, but Father's Last Day is
Nebraskan Urges House
to Grant Extension Fund
Washington, June 26. (Special
Telegram.) H. N. Brokaw, in
charge of the extension department
of the state university, who has
been in Washington for a week in
conference with officials of the Ag
ricultural department, rearranging
his extension work to meet the
new conditions with reference to
the appropriation for this purpose
was presented to the members of
the conference committee on the
agricultural bill by Representative
McLaughlin. Professor Brokaw
urzed the conferees to grant the
$1,000,000 extension fund as provid
ed in the senate bill and gave nu
merous reasons.
Congressman Evans introduced a
bill to repeal sections 630, 901, 902,
905 and 907 of the revenue act of
1918.
Representative Reavis has intro
duced a bill to create a department
of public works and define its pow
ers and duties.
Clack and Warren Purchase
, the State Bank of Edgar
Edgar, Neb., June 26. (Special).
E. W. Clack and A. H. Warren
have purchased the State bank of
Edgar, and the majority stock in
the Exchange bank of Ong. Mr.
Clack was formerly engaged in the
real estate business in Edgar. Mr.
Warren is an experienced banker,
Mr. Cartney, president of the Ex
change bank of Ong. and active
vice president of the State bank of
lidgar will remain temporarily.
C V. Glenn, cashier, and Glenn
Martin, assistant cashier of the Ex
change bank of Ong; Byron B.
Vaughn, assistant cashier, and
Lloyd Strawser bookkeeper of the
State bank at Edgar, will all re
main in their respective positions.
100 Acres Bring $60,000.
Albion, Neb., June 26. (Special).
-Col. Dan J. Fuller sold his 100-
acre farm south of the city for $60
000, setting . the highest price
paid in Boone county for farm land.
The farm is now in crops, alfalfa
and sweet clover.
Osborne Funeral Services
Funeral services for : Lloyd Os
borne, ir.. son of Mr. and Mrs. L.
N. Osborne, 3332 Pine; street, who
died Wednesday night of diphtheria,
will be held at the residence Friday
afternoon at 2:30 o'clock. Services
will be read by Rev. Clyde B. Blakes-
lee, of St Barnabas church. Burial
will be in the Forest Lawn cemetery.
City and County Official
To Take Month's Vacation
County Attorney Shotwell and
Corporation Counsel Lambert wi'l
leave early next week on a month's
outing. They will go in Mr. Lam
bert's car from here to the neigh
borhood of Newcastle, Wyo. Mr.
Shotwell opines that they can dj
the 700 miles to Newcastle in three
days and still be able to walk after
they arrive there.
They will fish and tramp and
abandon all thoughs of law and
courts while they are gone.
Speed and the world speeds with you Creep and you
creep alone. Believe us.
TAYLOR HOLMES
Breaks all speed limits for laughs in
9 9
"TAXI
Today and
Saturday
MUSE
Today and
Saturday
PHOTOPLAYS
AMUSEMENTS
K3SBCSBW
Jack Stewart offers "Hello Tokyo"
Operetta da Luxe
TWO KERBS. Nenlty Susrems: MAKER A
REDFORD. "The Girl and the Gob:" BETTY
FREDERICK A I CO., "Bsttyt Mistake."
Photoplay Otter! s BESSIE BARRISCALE la
"Tanilaa Thraada."
FREE TONIGHT 9:15
THE FEARLEESS GREGGS
In their Act, f
"AUTOS THAT PASS
IN THE AIR."
The World' Greatest Sensation.
Tonight, Friday, June 27,
Thompson-Balden Co. Employe
Picnic
RIDES DANCING
THRILLS
NEW BATHING BEACH
Mast modern and sanitary in America.
Reads' in a few days.
AdmUalon Adults, 10c War Tax, lc
Children Admitted Free at All Tinaae.
T
O
D
A
Y
S
A
T
U
R
D
A
Y
OVO AH MAJOT
v ' ' '''''
ai ' snfjs' jtr f,
I
An Innocent:
Adventuress
YOU know how it is.
You try to do some
thing for a friend
and Bang! Everything
comes tumbling down
around your own head.
That's how it happens in
"An Innocent Adventur
ess." It's the most "life
like" picture you ever saw.
It'll make you laugh a hun
dred times at similar ad
ventures in your own .life.
Big V Comedy
Harems and Hokum
