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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 30, 1920)
YSJtz , 1 THE BEE: OMAHA. TUESDAY. MAKCH SO, 1920. CONTRACT FOR PAVIHG ANNULLED BY COURT ORDER i Permanent Injunction Against Paving of Highway With Bitulithic Issued by Judge Sears. A permanent injunction -was is- ued Monday by District Judge Sears against the Douglas county commissioners and the Allied Con tractors, Inc., prohibiting them with proceeding to pave 17 miles of the Lincoln highway. Judge Sears not only enjoined the paving of 12 miles with Warrenite bitulithic compound, but also stopped the paving of the remaining five miles involved in the contracts awarded February 25. "We are evidently knocked out," said County Commissioner O'Con nor, "and I think the only thing left for us to do is to advertise tor new bids after we have prepared new specifications." "Are you going to let Warrenite bitulithic enter into the specifica tions in disregard of your pledge to the people?" he was asked. Engineer to Decide. "That is for the state engineer to decide," he said. Other commissioners were not at the court house. John W. Towle, president of the Allied Contractors (Inc.). who lose contracts aggregating $870,311.98 by this decision, is out of the city. W. L. Carey, vice president of the company, said he didn't think they would carry the case to the superior court. "Will you have any damage against the county?" he was asked. "I don't know that we will," he said. "We have about $30,000 worth of material on the ground already, in preparation for performing the brick contract. But there is so much work that we can shift this to some other place. Lft Up in Air. "We hail no idea that the court would knoll out the five miles of brick pavir as well as the bitu lithic. Thh lthcr leaves us up in the air. "In regard to the alleged expira tion of th'! patent on Warrenite, bitulithic, there are other patents on this compound which do not ex pire on May 5." John P. Breen, who conducted the victorious tight against the use of any paving but brick, was greatly pleased at the outcome. Result Speaks for Itself. "The result speaks for itself," he said. This .;i-th" "culmination of a fight which started as soon as it became knownlthat the county commission ers tl3 granted the Allied Contrac tors, Inc., a contract to lay 12 miles of Warrenite bitulithic paving. A committee composed of representa tives of the Chamber of Commerce, Rotary club. Automobile club. Real Estate board and other civic organ izations called upon the county commissioners and demanded why they had gone back upon a pledge which they made prior to the elec tion of 'last June when the people of the county voted $3,000,000 for brick paving on county roads. Judge Sears granted the injunc tion for three reason?. First, on the ground that the patent on Warrenite bitulithic pav ing expires May 5, 1920, and that, therefore, the people of Douglas county would be paving a royalty on a patent that did not exist dur ing the work. Second, because no time limit was set for the completion of the con tracts. Third, because copies of the specifications were not available for bidders to see during the legally re quired time. The suit was brought, technically, by Jamin B. Root, one of the sign ers of the guaranty to pay the. ex pense of the special election if the bonds failed to carry. Backed by Organization. Back of him were numerous civic organizations which had secured also the pledge of the county commis sioners to brick paving. These or ganizations engaged John P. Breen as attorney. He fought alone. On the other side were County Attorney Shotwell, W. C. Fraser, Carl Her ring and J. W. Head of Boston, the latter general attorney for Warren Brothers. The present case asked only tor an injunction against the 12 miles of bitulithic paving. But Judge Sears also placed the injunction against the five miles of brick paving on the ground that no time limit was set for its completion. "I am perfectly wilting: to have the brick enjoined, too." said Mr. Breen. "It was all illegal." One of the attorneys for the op position to the injunction said he'did not think the case would be appealed to the supreme court. Enjoining of the work means that new bids must be advertised for and new contracts granted. This will take at least six weeks. , It is expected that bids for 20 more miles of county paving which are to be opened March 31 will be. thrown out. According to the de cision of Judge Sears, they are also illegal, no time limit for the com pletion of this work being mentioned. Correct Arrangements of Orna mental Plantings For personal call and advice phone 198. We have no gents. Meneray Nursery and Seed Store, 8341 West Broadway, Council Bluffs, la. Adv. ADVF.RTISKMEVT HAVE COLOR IN CHEEKS Be Better LookingTake OliveTablets To have a dear, pink skin, bright eyes, no pimples, a feeling of buoyancy like childhood davs, vou must keep vow body free from poisonous wastes, th Kdwards Olive Tablets (a vege able 'unwound mixed with olive oil) act ot the bver and bowels lik calomel ye' have no dangerous altei 'fleet. Take one nightly and note results. 1 They start the bik and overcome constipation. That's why millions of txute are sold aoxtually, lite and 25c t This is $ Day, when a $ buys extra value in every depart ment in the Downstairs Store. SALE STARTS AT 9 A. M. On account of the low price, wo cannot accept oxckangei and wo ro orra the rig lit to limit quantities. EVERYBODY STORE dav OS in the D bwmiairs Store Something to Embroider Children's Dresses, stamped blue and white, pink and white, tan and white, checked tissue, ;ingham, white pique, dickey and turn back cuffs, 2, 4 and 6-year sizes. Exceptional values, $1.00 each. Royal Society Crochet Thread, broken lot colors only, 5 balls for $1.00. Dollars Are Growing Bigger See How Much They Will Buy Tuesday No use to wait longer for the dollar to grow bigger. Some of the goods have been specially purchased Your dollars will buy more than ever if you take ad for this event many have been reduced in price to vantage of this great monthly sale. create values for the occasion. Spend your dollars Tuesday-When they wiirbuy so much more than for weeks to come. Carpet 2 yards, $1,00 Jute Stair Carpet, 18 inches wide, colors, green with red, red with green, and gray with red, 2 yds. for $1. Rag Carpet, $1.00 yard Rag Carpets, made from new rags, factory weave, heavy quality, 86 inches wide, $1.00 yard. Your Choice of Our Entire Stock of Corsets $1.00 In the Downstairs Store Tuesday Only A MODEL designed to fit every figure, in topless, low and medium bust boneless or heavily boned, in coutil, broche, batiste in white or pink. Sizes 20 to 34. 500 Children's Easter D 1 resses $1.00 ch MADE of sheer White Lawn, Swiss and Batiste elaborately trimmed in all-over embroidery, in sertion or ribbon. Sizes 2 to 6 years. Most Extraordinary Values in WASH BLOUSES $1.00 A standard make of Voile and Batiste at great reduc tions for Dollar Day. Spe cial plain styles or lace and embroidery trimmed. Downstairs Store. Handkerchiefs Men's and Women's Sample Handkerchiefs exceptional val ues. Large variety to choose from. Special for Tuesday only, J 6 for $1.00 Children's Hose quality Hose, Children's fine Mercerized Cotton mostly large sizes. 3 pairs for $1.00 Dollar Day Includes Many Special Values in LINENS and DOMES TICS White Goods, 4 yards $1.00 Four yards Nainsook or ba tiste for $1.00 a fine sheer quality much used for undergar ments and i . 'ldren's dresses. Napkins, 6 for $1.00 Hemmed Damask Napkins, 6 for $1.00 a splendid quality that will give service. Voile, 5 yards $1M0 Five yards White Voile for $1.00 a splendid quality in stripe design only. Scarfs, 4for$lJD0 Four Dresser Scarfs made of good quality printed lawn, in neat figures, 18x52 in. 4 for $1.00 Tuesday. Blankets, $1.00 Children's Blankets large size; in colors of pink or blue; choice, very special for Dollar Day, at $1.00 each. No phone Percale, 3 yards $1.00 A fine quality of Percale in light or dark colors; neat de signs splendid value for Dollar Day. Challie, 4 yards $1.00 Challie 36 inches wide; in a splendid quality; several good designs; very special for Tues day. Muslin, 6 yards $1.00 Six yard3 Bleached Muslin, $1.00 36 inches wide; a good quality; only six yards to a cus tomer. Pillow Cases, $1J00 Envelope Pillow Cases in a splendid quality; made of Fruit-of-the-Loom Muslin; scalloped with neat embroidered design $1.00 each. orders. We reserve the right to limit Voile, 4 yards $1.00 Four yards Printed Voile for $1.00 very handsome light or dark colors and pretty patterns. Curtain Scrim, 4 yards $1.00 Four yards Curtain Scrim, $1.00 an excellent quality, with hemstitched and drawn work edge. Toweling, 4 yards $1.00 Warranted Linen Weft Towel ing a very absorbing quality 4 yards for $1.00. Dresser Scarfs, $1.00 Hemstitched or Scalloped Dresser Scarfs made of heavy weight butcher linen; size 18x54 inches $1.00 each. Towels, 4 for $1.00 Hemmed Huck Towels, 4 for $1.00 an extra heavy weight; made of double thread; size 18x36 inches, quantities. 1,000 Women's Splendid Quality Dresses Aprons $1.00 Each In the Downstairs Store Tuesday Only INNUMERABLE styles in stripes, checks, plaids and solid colors tailored trimmed in contrasting col ored collars, cuffs, pockets and belts broken sizes. No C. O. D.'s. No Phone Calls. No Exchanges. Limited number to customers, and none sold to dealers. t,.VJ I all 1,000 Women's and Misses Sport Middies $1.00 Each TUT ADE of Galatea and Linenette, . dozens of styles to select from; trimmed in contrasting colors; collars, pockets, belts and cuffs; plaids, stripes, checks and polka dots. Sizes 6 to 16 years. 34 to 44. Brocaded SILK $1.00 Yd. Brocaded Silk in a large assortment of light and dark shades. Spe cial sale, $1.00 a yard. Cups and Saucers White China Cups and Saucers 3 for $1.00. Table Tumblers Thin-Blown Table Tumblers, with pretty cutting 12 for $1.00. Jardinieres Glazed Earthen and Ivory finish Jardinieres assorted shapes and sizes. Choice, $1.00. Ice Tea Glasses Colonial Pattern Ice Tea Glasses G for $1.00. Extra Special Sale of Hot Water Bottles and Fountain Syringes $1.00 Each Ait extraordinary purchase will al low you to take advantage of this sale. They are made of pure red rubber; moulded seams. Guaran teed for one year. Syringes Five feet of tubing, two hard rub ber pipes, shutoff and are guaran teed for one year. An Enormous Sale of Women's Union Suits 2 for $1.00 Women's Union Suits, in a big assortment of styles; low neck and sleeveless; knee length; samples and odd lots. 2 for $1.00. Leather Hand BAGS $1.00 Long grain and Vach ette leather; back and top strap Hand Bags. Each, $1.00. 3,000 Untrimmed HATS $1.00 A great assortment of Women's Untrimmed Hats on sale for Dollar Day at the low price of $1.00. Make your selection early. Black and colors. up! Petticoats $1.00 Tuesday Dollar Day we will place on sale a limited num ber of Sateen Petticoats, in black and colors special for $1.00. These are wonderful values. Buy your new petticoat tomorrow. Dollar Sale of Children's and Women's Shoes $1.00 Tuesday we offer one of the great est shoe values it has ever been our good fortune to offer, 293 pairs of high shoes, pumps and slip pers, mostly small sizes, but actually worth two to five times this selling price. Limit of two pairs to a customer. Dollar Sale of Housefurnishings tex polish Mop Outfit Sprustex Mop Outfit, consists of large size tri angle shape cedar oil mop, with handle and bottle of Sprus- the outfit, $1.00. Dustless Floor Brush Tate's Cotton Floor Brush, treated to absorb and hold the dust; will not scratch the most delicate surface; complete with handle; 10-inch size $1.00. Toilet Paper Crepe Tissue Toilet Paper large dze rolls 14 for $1.00. Clothes Hamper Elm Splint Clothes Hamper, with hinged cover $1.00. I ry Pans Cast Iron Fry Puns, polished in side, N'o. 7 size $1.00. All White Seamless Enameled Ware $1 included are Dish Pans Large Mixing Bowls Coffee Pot- Convex Sauce Pans, with cover f Choice. 1 LiPPed Sauce Pans I $1.00 Linped Preserving Kettles C o n v e x Kettles, with cover Milk Kettles, etc. Cream Whip Dun lap Silver Blade Cream or Egj Whip, complete with bowl $1.00. Garbage Can Galvanized Garbage Cans, with cover, 3 Ms -gallon size, $1. Clothes Basket Oval Splint basket, wood bottom, good size $1.00. Floor Wax Johnson's Prepared Wax 32 ounce can, $1.00. Floor Varnish Empire Floor Varnish; will not mar; dries hard over night quart can, $1.00. 1 ' " Bread Boxes White Japan ned Bread Boxes gold lettered $1.00. 1 Lic Aluminum Sauce Pans Wearever Pure luminum Lipped Sauce Pans; 2 quart size, $1.00. Quantities limited and cannot fuarantea the day's aellinf. Wonderful Dollar Values for Men and Boys Tuesday in the Downstairs Store Boys' Blouses, $1.00 Boys' Waists, sizes 4 to 14 years, double French cuffs, percales, $1.00. Boys' Pants, $1.00 Boys' School Pants, gray mixtures; limited quantity; broken sizes, $1.00. Gloves, 7 for $1.00 Cotton Flannel Gloves, extra heavy quality, 7 for $1.00. Overalls, 2 pairs for $1M Boys' Brownie Overalls,, blue, khaki, Stifel stripe, sizes 2 to 10, 2 pairs for $1.00. Men's Shirts, 2 for $1M 20 dozen Men's Neckband Shirts, slightly soiled, 2 for $1.00. Caps, $1.00 New Spring Caps for men and young fellows, $1.00. Collars, 2 boxes, $1.00 Linene Collars for men, 10 in box, all sizes, 2 boxes for $1.00.