4
THE BEE: OMAHA, SATURDAY. ' DECEMBER 6. 11)19.
'SCRAP OF PAPER
FREEING KIRK
INVESTIGATED
Senator Bushee, Who Signed
. "Furlough" Order for
Omaha Bandit, Realizes
Seriousness of Affair.
Senator B. K. Bushee of Kimball,
Nib., on whose authority as acting
governor in September during the
absence of Governor McKeivie and
Lieutenant Governor Barrows, Beryl
C. Kirk, notorious bandit leader of
Omaha, was released from the state
penitentiary last Tuesday, held a
conference with Governor McKeivie
, at Lincoln yesterday.
Sensations caused in state circles
' at Lincoln by the "scrap of paper"
' release of the man serving a 20-year
- Nentence for second degree murder
brought Mr. Bushee to Lincoln, cou
pled with the statement of the gov-
- ernor that he would probe the free
. ing of the criminal to the bottom in
, order to get at the. facts.
Orders Kirk Arrested.
Mayor Smith yesterday gave or
"'; ders to Chief of Detectives Dunn to
arrest Kirk if he is found within the
limits of Omaha. '
"You pick that fellow up if he is
anywhere in Omaha and bring him
in and we'll send him back to the
penitentiary on the robbery charge,"
said the mayor to Chief Dunn.
"We'll see whether he gets out on
a 'furlough' again."
-. The mayor declared he would like
to interrogate the men who were
. responsible for letting Kirk out of
' the penitentiary.
"This 'furlough' ought to have
some limit at least," he said. "A
k. soldier's furlough is for a definite
time. I have no doubt, however,
that Kirk has skipped outside the
state while he had the chance."
Will Investigate Thoroughly.
Governor McKeivie, just returned
from a conference with the govern
, ors of Colorado and Wyoming in
Denver, stated yesterday morning
that he had not yet had sufficient
tjme to consider the criminal's re-
lease to warrant a public statement
from him other than that he would
investigate the affair thoroughly.
Senator Bushee declined to make
a statement after his conference
with the governor, but Said that he
would do so immediately after an
investigation had been made. He
said he expected to finish the inves
. tigation soon. The governor would
. s'fcay nothing .regarding (the confer
ence yesterday.
Immediately on his return from
Chicago and Washington, where he
will confer on fuel problems, Gov-
ernor McKeivie expects to call a
conference with Senator Bushbee,
, Senator Petrus Peterson nnd War
i den W. T. Fenton of the peniten
tiary. He said the results of the
I investigation would be available by
i that time and definite action on the
Kirk parole would be taken. He
indicated that in case the parole was
regular he would not order it can
celled. ' Too Serious an Affair.
( ''This matter is too serious an af
- fair," Senator Bushee said. "I perfer
, to act slowly in the case, and get
at the facts before I will commit
myself." ... . '
It is generally understood in Lin
coln that Senator Bushee was led
" to believe that Kirk was serving an
indeterminate sentence for bootleg
ging, and was not confined to the
prison on a murder charge.
Kirk, who was convicted as the
leader of a bandit gang which in Jan
uary. 1918, robbed the Malasnock
jewelry store, 1514 Dodge street,
and which killed Detective Rooncv
in a gun fight at a cottage at Four
teenth avenue and Spencer street
; just prior to the capture of the en-
1 tire gang of six, except' one, was
' furloughed" Tuesday from the state
prison on an apparently unofficial
order signed by Senator Bushee as
, acting governor.
Kirk Has Disappeared.
' The bandit leader was "fur
loughed" to R. W. DeVoe, Lincoln
1 attorney, legal partner of Senator
Petrus Peterson, and is supposed to
.report to Mr. DeVoe once each
' month.
Detectives visited N the home of
; Ted Lesch, yesterday morning, in
S Fast Omaha, where they talked with
I Mrs. B. C. Kirk, wife of the. bandit
; jwlio assisted him in securing his re-
lease from the penitentiary.
She" declined to give out . any in
. formation whatever concerning her
w husband, other than the statement
that he is not in Omaha.
i Kirk was released from the state
prison late Tuesday afternoon. At
. 3:30 Wednesday morning, he was
.seen carrying a suit case, with his
wife and another couple, on a n6rth-
bound North Twenty-fourth street
car, by a detective who knows Kirk
and his wife well,
j The pandit's wife left the street
car at Twenty-fourth and Ohio
streets, according to the detective,
but Kirk remained on the car.
' Authorities here believe that Mrs.
Kirk's leaving the car was merely a
hoax. The officer made no effort
;to apprehend the bandit, because at
' that time, no orders had been issued
to arrest him if seen.
J. B. Kirk, 2321 Dewey avenue,,
i father of Kirk, refuses to make any'
statement to the authorities concern
ing his son.
. l'I have not seen him yet," is all
that Mr. Kirk will say.
Omaha detectives who arc work
. ing on the case are of the opinion
1 that Kirk left the city immediately
. after his arrival here.
An unofficial investigation, in'theJ
absence of Oovernor McKeivie, was
t 'made by Lieutenant Governor Bar-
rows, immediately upon his knowl
edge of Kirk's release, because of
the fact that there was no record of
the Bushee "order" in the gover
nor's office.
Warden Fenton of the peniten
tiary declared he knew nothing of
the action, except that the "order
for furlough," signed by Senator
Bushee, was accepted by him as
sufficient cause for Kirk's freedom.
Attorney General Davis stated
that the first he knew of the ban
dit's release was the stories he read
in the newspapers.
Officials of Douglas county are
puzzled by the affair. Mayor Smith
of Omaha stating, that "it is just
such things that cause the 'rabble'
Sergeant Havey Resigns
From Omaha Police Force
l!
Will Leave Duties in Chiefs Office After 32 Years of
Continuous Service Accepts Position As Special
Officer at Federal Reserve Bank.
Sergt. P. F. Havey resigned from
the Omaha police force yesterday
after more than 32 years continuous
service.
He is the oldest man in the de
partment m point of continuous
service. He will get a pension of
$75 a month.
He resigned to accept a position
as special officer of the Federal Re
serve bank. His pen?ion, plus the
salary he will receive in his new
position, will give a him a larger
income than the $150 a month which
he has in his present position.
"Very Good Officer."
"He .has been a very good officer
and I regret to lose him," said Chief
of Police Eberstein.
"Patsy" was appointed a patrol
man July 28, 1887. Later ne became
a detective and in 1899 was appoint
ed desk sergeant at the police sta
tion. 1
When John J. Ryder became po
lice commissioner he took Sergeant
Havey into his office. When A. C.
Kugel succeeded Mr. Ryder, Chief
Dunn asked to.have Sergeant Havey
assigned to his office. He has been
in the office of the police chief since
that time.
Effective Next Tuesday.
Sergeant Sigwart was first ap
pointed to the police force five years
before Sergeant Havey, but was off
of the force for a time.
Turnkey John Brady, still in serv
ice, has been on the force nearly as
long as "Patsy."
Sergeant Havey in his written res-
wJ I
ignation asked that he be relieved
from duty December J 6.
$40
,000,000 Theater
Consolidation Will
Include Omaha House
Billy Byrne, manager of the Or
pheum theater, yesterday received
a telegram from Martin Beck of
Chicago telling of the organization
of a new Orpheum consolidation
with a capitalization of $40,000,000.
Martin Beck " is president of the
new organization and Morris Meyer
feld, chairman of the board of di
rectors. The combination of interests in
cludes the chains of theaters owned
by Caroline Kohl, Frank Tate,
Charles' Cella, Herman Fehr, Mort
H. Singer and Marcus Heiman. A
total of 43 theaters is included in
the organization, taking in houses
from Chicago to the Pacific coast
and from New Orleans to Winni
peg, Can.
It is intended to build many new
Orpheum and Stateslakes theaters.
The Stateslakes theaters seat an
audience of 4,000 people and have
popular vaudeville at popular prices.
Mr. Byrne believes the new com
pany will build theaters in prac
tically every city in the United
States of any reasonable size.
Some of the common stock is to be
sold to the public. The two gen
eral offices will be in New York and
Chicago. '
Mayor Catches Cold
; and Opposes Plan of
Local Fuel Committee
"I have caught a bad cold from
sitting in my office here in the
morning with the temperature hov
ering around: 60," said Mayor Smith
yesterday. ,
"And when the prescribed closing
hour of 3:30 has come my office is
nice and warm," he continued. "I
think the fuel committee should in
struct building engineers the proper
time to turn on steam to accord
with the opening and closir.g hours.
"As it is now, I believe many en
gineers turn on the steam at 10 in
the morning and turn it off at 3:30.
They should turn it on ari hour or
two before 10 and turn it off an hour
or two before 3:30.
"These short office hours leave
me without knowing what to do
with myself. I shoveled snow for
an hour Thursday night after I went
home."
Car Inspector Instantly
Killed In Railroad Yards
Joseph Lepert, car inspector, was
instantly killed at 11:30 a. m. yester
day while coupling a steam hose un
der a Burlington railroad car in the
coach cleaning yards, Ninth and
Mason streets. His head was caught
between a bumper post and a coup
ler. The body was taken to Stack
& Falconer's mortuary. Mr. Lepert
was 50 years bid and lived at Fif
teenth and Castelar streets.
Independent Socialists
Seek Soviet In Germany
Lcipsic, Dec. 5. The congress of
independent socialists in session
here yesterday unanimously adopted
a program declaring for the soviet
system in Germany.
to throw up their hands and lose
confidence in the courts and the
punishment of criminals.' '
Attorney Shotwell for Douglas
county stated that no action could
be taken here from the fact that
Kirk was released from the prison
in Lancaster county.
Adult Probation Officer Andree-
seii tells of the pardon board asking
his opinion of Kirk, to whom he
says he told that Kirk was a "bad
man."
"The crime for which he was con
victed is unpardonable except by the
governor himself," he said.
Women's Coats
Wf have made Horn wonderful
reductions on almost our entire
stock of . Women's Coats. Special
values at
$25.00, $49.00 and $69.50. .
Do not bur a eoat until you
visit our store and see these won
derful values.
Julius Orkin
1508-10 DOUGLAS.
Roberts Funeral. Will Be
Held in Omaha Today
Nathan Roberts, former Omahan,
who died Wednesday at the home
of a daughter in Chicago, will be
buried in Omaha this afternoon.
Funeral services will be conducted
at the home of R. G. Roberts, a son,
3306 Walnut street, at 2 p. m.
by Dr. Lawrence, minister of West
minister Presbyterian church, Lin
coln, Neb. Burial will be at Forest
Lawn cemetery. Friends will be
welcome at the home services.
" Quits Story Hour.
Mi$s Grace , Sorenson, who has
been conducting a story telling hour
at the Orchard & Wilhelm store,
with original stories for little folks,
will complete her stories today.
Story telling sessions will be held
at 10:30 and 3.
WHISKY MAY BE
SOLD IN ST. LOUIS
AND 54 COUNTIES
Federal Judge Faris Issues
"Sweeping Order, Calling
War Prohi Act Itself
Unconstitutional.
St. Lcliis. Mo., Dec. 5. Federal
Judge Faris, in the United States
district court here, today granted a
temporary injunction restraining the
district attorney and the collector
of internal revenue from enforcing
the Volstead war-time prohibition
enforcement act as to whisky and
wine.
The restraining order was granted
to four St. Louis whisky dealing
firms and corporations. . Assistant
District Attorney White said the
effect of the decision would permit
the sale of whisky and wine
throughout the eastern district of
Missouri, including St. Louis and
54 counties.
Calls It Unconstitutional.
In granting the temporary in
junction Federal Judge Faris not
only questioned seriously the con
stitutionality of this act, but went
further and questioned the constitu
tionality of the wartime prohibition
act itself as it now operates.
Judge Faris in his decision quoted
the president's veto message on the
Volstead bill in which the president,
said the objects of the wartime pro
hibition measure had been "satisfied
in the demobilization of the army
and navy."
Judge Faris calls attention to the
fact that in time of war, government
necessarily must take on the cloak
of autocracy, but "when the menace
seases to threaten, when the war
is over, the reign of autocracy
should cease and democracy ought
to and must beat back to its consti
tutional moorings if free govern
ment under the law is to endure
among men."
Actual Hostilities.
Judge Faris said further: "I do
not think that the words 'conclu
sion of the present war,' as used in
the war prohibition act and in. the
Volstead act are modified by, or de
pendent upon any proclaiming of
the end of the war by the president.
Wat is declared by congress, per
force the organic law; but in this
connection it is interesting to note
that while congress has power to de
clare war, a state of war, that is,
war in fact, and therefore in law,
does not depend on the making of a
declaration of war. Actual hostili
ties may fix the time of the begin-
Saturday In the
Men's Furnishings
Timely Specials to help you keep warm
from top to toeby day or night
Wool Hose I Union Suits
Heavy weight, also fine
cashmere, in fancy ribbed or
plain colors
65c to $1.50 $2.00 to $8.50
Saturday Special Broken
lots ...69c
Gloves
Lined and wool gloves, the
kind to keep your hands
warm
50c to $6.00 $2.50 to $4.50
Saturday Special Jersey
silk lined $1.00
Sweaters
In shaker knit shawl col
lars, pull over styles, medi
um weight, jacket with pock
etssleeveless styles for the
office man, coat styles in all
weights
$4.95 to $16.00 "I0,.,354:50.
Saturday Special Slip-on,
sleeveless .. $4.50
Heavy cotton or wool, from
Superior, Sterling, Duofold
and Madewell
Saturday Specials Previ
ously 14.00 to $5.00, for $3.15
Caps
With ear laps, in plain
colors, Scotch mixtures some
chamois lined '
Saturday Specials Previ
ously $2.00, for y$1.15
Mufflers
Reefers In silk or wool,
fine silks with figures or
plain ground, very handsome,
tubular styles, or knit witb
fringed ends-
Saturday Special New An
gora wool Mufflers, previ
ously $2.00, for
$1.35
Outing Flannel Pajamas
and Night Robes
One-piece Sleeping Suits--otitdoor sleeping suits,
with hood and boots keep warm by night, if you can't
by day
$2.00 to $5.00
Blanket Bath Robes
GOOD LOOKING AND COZY
Good, thick weight, soft and Maim, in many new
patterns and colors, with 'shawl collars, pockets hand
somely trimmed with silk cords
$6.95 to $11.50
A Christmas Talk
Oh, Boyl Speakin' of Gran' an Glorious Feeliu's,
have yon ever toddled down on Christmas anornin' to
find beside your name on the gift table exactly the
togs you need, in the styles you most admire? It's 'a
rare faculty this selection of gifts that are "pat"
for men readily acquired, however, by those who bring
their Christmas lists to our haberdashery counters.
MEN'S SHOP-
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3Sen&m & fjorne
1 ELDREDGE-REYNOLDS CO.
"The Store of Specialty Shops"
Norwegian Statesman In
Omaha to Visit Brother
V
President of Lower House of Parliament, On Lecture
Tour, Pleased With Results of International
Labor Conference Held In Washington.
Johan Castberg, president of the
lower house of Palriament of Nor
way and' one of that kingdom's
greatest statesmen, is visiting his
brother, E. Castberg, 2868 Bristol
street.
' Mr. Castberg came from Norway
recently as chairman of the Nor
wegian delegation to the interna
tional labor conference held in
Washington, D. C.
At the close of the conference he
came west to deliver several lec
tures and visit his brother here,
.whom he has not seen for 37 years.
"I am charmed with America of
which I have heard so much," said
Mr. Castberg. "My nephew, Hugo
Castberg, took me through one of
the great packing houses yesterday.
They seem to .breathe the mighty
spirit of this great nation which does
so many gigantic things.
"These are critical days for labor
all over the world The conference
just held in Washington, has been
of great benefit. The movement
there to make 14 years the minimum
limit for child labor all over the
world will have an especially far
reaching effect.
"The cost of living in Norway to
day is not much below that of Amer
ica, comparatively, I believe. We
lived for nearly five years, as it were,
on the edge of the boiling cauldron
of war, in danger at any minute of
being (Swept into it, We escaped
that, but the burden of high prices
we did not escape any more than
the warring nations.
"My brother, who lives here, I
had not seen for 37 years, when he
left Norway to. come to this great
America. It seems to have agreed
with him. There are eight of his
brothers and sisters, including my
self, who still live in Norway."
Mr. Castberg left last night for
Johan Cstsiher
Minneapolis, where he will lecture
at the University of Michigan. Then
he will proceed to Chicago and sev
eral other places, where he has lec
ture dates.
He expects to sail within three
weeks for Norway. He is district
judge in the district of Toten, Norway.
ning of war, although no proclama
tion of war was issued. Surely it
is at least conceded that war is end
ed when a treaty of peace is made,
signed and ratified by the senate,
whether any proclamation of such
conclusion of the war is ever made
by the president or not."
Supersedes State Right.
In another part of the decision
Judge Faris said: "If the world
war is concluded, if demobilization
is terminated by the president, then
there is no earthly doubt that the
war prohibition act is unconstitu
tional because it is plain encroach
ment upon the police powers guar
anteed by the federal constitution
to the several states."
Judge Faris stated that he fully
concurred in the view of Judge Fos
ter of Louisiana who recently passed
on a similar case.
After the decision was handed down
the district attorney asked for, and
received, 10 days' time in which to
make further pleadings. It was
stated by attorneys, however, that
the granting of this 10 days' time
in no way interfered with the oper
ation of the injunction, and the sale
of liquor became legal here when
Judge Faris signed the decree late
today.
The Bee's Free Shoe
Fund
These are BITTER days for
COLD little FEET, f
There are many of them among
the little children of Omaha's very
poor.
Maybe you can help them.
Provlotulf vknowlcdrad .......... I4A5.42
Tlmnkllnf Offering, A friend,
Marolnnd, Srb 10. (Ml
Mr. MorrU Lvr , S.UO
Total 48l.v:
Send your gift for this work to
The Bee Shoe Fund, care of The
Bee, Omaha.
Army Surplus Beef
Will Be Sold in Car
Load Lots in Omaha
The War department announces
that it will sell the entire surplus of
beef held for the army, amounting
to 34.215.000 oounds. to iiiunicioali-
ties, hotels, retailers or other buyers
who purchase for immediate domes
tic distribution. The beet will be
sold at 20 per cent less than the Chi
cago quotation. Orders will be taken
at the Army building in Omaha or
other rone supply offices in the
United States.
The sale is not expected to disturb
the cattle market as it represents but
one day's receipts at the seven lead
ing beef markets, Chicago, Kansas
City, Omaha, East St. Louis, St.
Joseph, Sioux City and St. Paul. It
is the equivalent of 60,000 head of"
cattle or one-third of a week's con
sumption in the entire United States.
Distributed equally it would give
three-tenths of a pound per capita.
Orders must be for an equal num
ber of hind and forequarters and
less than carload lots of 30,000
pounds will be shipped. The beef
was butchered from steers, of me
dium to good grades weighing from t
475 to 600 pounds.
i
Roosevelt's Cousin Makes
Debut at Paris Opera House
Paris, Dec. 5. (By Associated
Press.) Miss Hilda Roosevelt,
cousin of the late Colonel Roose
velt, made her first appearance at
the Opera Comique last night in
"Manon." Newspaper critics praise
her operatic deput highly.
Saturday Specials
Rraul.r $1.00 Onyx Silk Hoiicry
In all colors and tiua, SSc.
Regular 16.00 Silk Ttddy Bear.
$3.S.
Up to $9.75 Blouif. $8.95, and
many other tpeoiala too numerous
to mention. v
Saturday will be a great oppor
tunity to buy Christmas irlfts 'and
sava money.
Julius Orkin
1508-10 DOUGLAS.
Boys' Shoes That Satisfy
We cannot explain their steatiily increasing
popularity on any other basis. Nearly every school
boy wants a pair of Fry Shoes, and nearly every par
ent is willing that he should have them.
o.
Fry Shoes are made
over special lasts for
growing, active feet.
They support and pro
tect, hold the feet in
place and give room for
straight toes and ex
panding muscles.
Sold as low as good
shoes can be sold.
16th and Douglas.
Comfort Utility Correctness in
Men's Winter
Overcoats
i
$45
Look where you will, you cannot find
.Overcoats that measure up to our long
established standard for correct quality,
fabrics, perfection of fit and variety of
models and excellent tailoring.
As honest values they are unsurpass
able. Every model hand tailored, warmly
lined, in distinctive belted, form fitting,
box Chesterfield, Town Ulsters, and the
large swagger, roomy ulsters.
New Colors New Fabrics
Many more models from
$35.00 to $75.00
Men's Suits
$35ooto$75oo
In styles that are synonymous with distinction, that possess in
dividuality and decided good taste.
Quality Suits, Distinctively Styled
the keynote of every suit made from best fabrics manufacturers can se
curecomprising Cheviots, Cassimeres, Tweeds, Flannels, Vicunas, Worsteds.
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ELDREDGE-REYNOLDS CO.
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