Omaha Daily Bee Newspaper, March 15, 1888, Page 8

THE BOODLE GANG REBUKED. Judge Doane Upholds the Soverelgn ‘Will of the People. THE DOWNFALL OF WE, US & CO. P. Mullen, a Man En Route to Chi- cago, Takes His Own Life On Board a Train--Other Items of Local Interest. A Rebuke to Boodlers. Yesterday Judge Doane handed down his decision in the injunction suit of the Bre Publishing Company against the city of Omaha: His decision is considered as a com plete denunciation of the unlawful tactics employed by the councilmanic firm of We, Us & Co. Judge Wakeley, who sat with Judge Doane on the bench during the hear- ing as an advisory, fully concurs in the de cision, J The decision was most anxionsly awaited by Hascall, Lee, Ford, and others of their class, and the long line of contractors who go hand in hand with the above-named city fathers. As soon as the reading of the docu- ment was concluded Hascall and Jim Creigh- ton hastened from the court room to carry the news to friends. The full text of the opinion and the order made is as follows: THE OPINION The Ber Publishing company vs. the city of Omaha et al., on application for temporary injunction: In this case an application was made for a temporary injunction on the 15th day of February last, at which time an order was made that notice should be given of the ap- plication to the defendants, and the 18th day of February was fixed for the hearing, and inthe meantime a restraining order was al- lowed until the hearing. Postponements oc- curred fiom time to time, and on the———- day. 0f————the application was heard by consent_upon oral testimony, which occu- pled several days. The application is based upon the following state of facts: In 1883 the city being the owner of lots 5 and 6 in block 116, in the City of Omaha, negotia- tions were entered upon between the board of education of the school district of Omaha and the city council of the city of Omaha, looking to the erection of the city hall building upon the lots named, in_which accommodations should be provided for the use of the board of .education. These ne- tiations resulted in the agreement between he city and the board of education on the 27th day of July, 1855, by the terms of ‘which the city was to erect a city hall build- g on the lots named, ‘‘upon plans and specifications accepted by certain committees appointed by the said city and the said bourd,” at an estimated cost of $£20),000, of which cost the board of education offered to contribute the one-eighth part. but not to exceed §25,000. Upon the completion of the building which it was provided should con- tain suitable rooms for the board of education as well as for the city ofiicers, the board of education was to become the owner in fee' of such proportion of the building as the money they contributed should bear to the whole cost of the building. This agreement was exequted in the name of the city of Omaha by its mayor, and of the board of ‘education by its president and sec- retary. The validity of this agreement as a binding one upon the school -district, was called in question and urged with much_earnestness and ability in argument by the city attorney. But in our view of this case, this question is not before us. The school district is not ask- ing to be relieved from the agreement, nor is the city offering to refund the money of the school district, which it has used in the con- struction of the basement of the building, and as far as this application is concerned we express 1o opinion as to the binding effect of that agreement upon the school district. We may say in general that the court can not be called upon in this action, or at any rate on this application,to pass upon the rights and interests of the school district under its agrecment with the city, or in the the building which the city undertook to erect for a city hall. Those rights and inter- ests will be guarded presumably by the board of education and there we leave them. After the agreement had been made be- tween the city and the board of education, {;lm\s for the construction of the city hall uilding were invited and among othe submitted plans by E. K. Myers, an are of Detroit, Mich., of national repu These plans were finally agreed upon by the joint committees of the city council aund of he board of education, and were adopted by the city council as those upon which the city hall building should be erected. The law then in force providing the incorporation of cities of the rst cluss and regulating their utics and powers, requircd that any {mprovement, costing in the uggregate o sum rveater than £5,000, for the erection of mar- et houses and other useful and necessary buildings, for the uso of the_ city, should not be authorized until the ordinance providing therefor should be first submitted to, and rat- ified by a majority of the legal voters of such city voting thereon.—See Comp. Sts. of 1381, .86, subd. 11, An ordinance was accordingly passed by the city council and approved by the mayol October 8, 1885, rl'm‘iding for the construc- tion of & city hall, and submitting the same to the electors of the city of Om for rat- fication. This was ordinance 450, the first gection of which described the proposed building as located on lots 5 and 6, in block 116, in the city of Omaha, and authorized its constrnction, the said building to cost not exceeding the sum of $200,000 and the construction to be proceeded with as rapidly as funds could be provided and m ac- cordance with the plans proposed by E. E. ers. Section second provided for the ubmission of the ordinance for the ratifica- ion of the electors of the city lection to be held on the 8d ds m- er, 1885, The ordinance was submitted at uch election, and duly ratified ority of the legal voters votng thereon, ntract was entered into with Architect Myers for the plans and specifications for and superintendence of the, erection of the build- ng, by the terms of which Myers ugreed and puaranteed that the building could be erected £aa completed in accordance with his plans and specifications for the sum of §190,000, ex- clusive of the steam-heating apparatus, and provided - that - m case the city should, after inviting and receiving proposals for the erection of the building ac. cording to such plans and _specifications, fail 1o receive any proposals from a reliable and responsible bidder for the ion of the building fol sum, then the city should be at libey ect the plans, in which event Myers should not be entitled to receive {from the city any compensation for such re- jected plans, or for any services or claim Whatever, The city having no available funds to apply towards the erection of the building at that time, the board of education advanced, under its contract with the city, the sum of about $20,000, in round numbers, from time to time, 10 enable the city to procced with the work without delay. The city proceeded accord- ingly to have the lots graded down and exca- vatod to prepare for the sub-structure of the building, and on the the 8d day of Septem ber, 1886, entered into a contract for the construetion of the foundation, sub-basement and basement of the city hall building, with Regan Bros., for the agreed price of 48, 640, The contract provided that the work should be done uccording to the plans and -Pualnmmnl of 1, E. Myers, architect, and that all disputes regarding material, work or amount due the contractors should be settled and determined by said architect, and that his decision shoul final and conclusive in all cases on both parties. . ‘The work was to be done under the dirce- tion and control of the city engincer and the board of public works, aud was to be com. wleted to the satisfaction and with the accept. ance of the architect and the approval of the board of public works, the mayor and the city council on or before July 1, 1887, was further provided that if the contractors rhnuld assign the contract, or o the fvork, or should neglect or vefuse e§rx with the instructions of the engi- in charge yelative thereto, or should fail n apy mannér to comply with the specifica. jond” or stiphlations contained in fhe con- H{cls:!rmf b€ tho board of Publlo b 0id have the ri "\? \wn\ or- can: ee‘&“fiilntmdwnan e Work of any n&au. A uch dnnulment should not enl the con! r to any claim for dam 0B 8000 ereof, nor should it effect bt of to recover damages which Lo for i t arise xfog such failure. CoubFAch haviag boen approyed by the ayor and city conneil, work was commericed under it within thirty days thereafter, as re- quired by the terms of the contract, and was continued with varying degrees of diligence until finally abandoned by consent of both parties, @8 will be moted - here- While - the work was 80 sing t0-wit on the 13th dny of April 1887, a proclamation was issued and published by the mayor, submitting to the electors of the city, the ‘question whether bonds of the ¢ity should be i«u.-f in the qum of $200,000 to be calied “city hall bonds,” the proceeds to bé used in paying the cost of the construction of a city hall for the usé of the city and for no other purpose. The election under such proc- lamation was held May 8, 1987, and resulted in a majority of the electors in favor of the e of the bonds. None of these bonds it appears, have ever been actually issued or sold. The work under the Regan contract was not completed by July 1, 1887, a8 re- quired by ita terms, but contintied through the_summer and fall, and_into November 1887, at which time the chairman of 'the board of public works in the exercise of the authority conferred upon him by the contract annulled the same, and relet the work. His action was disapproyed, however, by the city council, and on the 10th of December, 1887, the board was directed to notify Regan Bros. to proceed with the com- pletion of the work under their contrac This was dono, and some work was per- formed in the further prosecution of the con- tract, until early in February last, the con- tract was finally annulled by consent of all partics, the city couneil agreeing to allow the 1irm of Brennan & Co., who seemed to have succecded by assignment or_ otherwise to the interest of Regan Bros., and had done all the work which had been performed under the contract, what was just and equitable for the labor performed and materfals furnished by them in_and about smd city hall building. Without stopping to o in- quire as to the possible complications whi might arise with Regan Bros., the contrac ors, if settlement should be made with Bren nan & Co., without their (Regan Bros.) ex- press consent and acquicscence, it is suf- ficient to say, for the purpose of this applica- tion, that in taking this action, there is noth- ing In the testimony to satisfy' us that the city council acted from any improper motives, or that the action was improvident or against the best interests of the city. On the con- trary, it appears under all the circumstances to have been the bost and most prudent solu- tion of an unfortunate complication, to say the least. By this action the contractors were released from a contract out of which serious disputes had already arisen, and others ~ quite ns serious were likely to arise which could not have been adjusted _probably without a vexatious and perhaps disastrous litigation, and the city was released {rom any liability to account for any profits which_might_have accrued under the contract, and was bound to allow only what_was just and equitable for the labor actually performed and the ma- terials actually furnished in and about the building. Soon after the annulling of the contract, Brennan & Co. submitted_their ac- count to ‘the city council, claiming therein a large mmount in excess of the contract price, and what is claimed to be an_oxorbi- tant bill for the amount 6f labor performed and materials supplied for the building, and one of the objects sought by the petition of plaintiff herein s to. enjoin the city from paying to Regan Bros. or their assigns, any money out of the city hall fund until the approval by Myers—the ‘w itect of the work already done under the con- tract, and the allegations of the petition is that the mayor and the majority of the_city council will, unless enjoined,proceed to allow, audit and pay the account, and that such action will be taken for the purpose and with the intention of defrauding the city of Omaha, its taxpayers and the plaintiff. The testimony does not satisfy us that such an intention exists. - The facts shown by plaintiff upon which' to ground such a sus- picion are by no means conclusive, and the mayor and the members of the committee of the city council to whom has been referred the account, all disclaim most posi- tively any intention to allow any- thing more than what would be just and equitable thereon and all have testified that the account has not yet been the subject of consideration at all. We would be very loth to conclude that the mayor and a majority of the council could be so recreant to the trust reposed in them as to_deliberately allow and order paid a fraudulent claim against the ity, or one which should embrace a claim for profits or any other illegal claim in favor of the contractors, and were it not that there has been more or less warrant in past experi- ence with other municipal bodies, for such an assertion, we should say it is iucredible. But beyond this, there is the question of power in_the court to interfere with the ac- tion of the official body upon which is cast the duty y by law. to audit and aims against the city. It cannot be presumed that the mayor and council will act fraudulently, and it is only after the fraud has passed from intent to act that the caurt can interfere, but if-such acontingency should arisethis court at least. would not hesitate in . the exercise of its restraining power. But the prayer of the petition for such a restraining order now. is based upon that provision of the Regan contract, whick. constitutes the architect the arbiter as to the amount due the contractor, etc., and the prayer is that the payment to Regan Bros. be enjoined “until sueh'a time as the architéct, [5 Myers, shall approve of the work already done.” It is a sufficient objection to the granting of such an order, that the con- tract has been rescinded by mutual consent, and has no longer any binding force, and thé provision constituting Myers the arbiter, has fallen with the rest, so th grant the prayer. would ' eff prevent the settiement of the ac on a just and equitable basis by any body or authority. A% to the prayer for an injunction against the school district and its ofticers as to pre- vent them from annulling the. contract here- tofore entered into with the city for the erec- tion of the ity hall, upon lots 5 and 6, or en- tering into a contract for its ercction upon any other lots, it is sufficient to say that cven if the court had tho power to make such an order, there i8no nroof whatover that any such intention exists or that dny step has been taken by the school distriot or its of- ficers looking toward such a result, As to the position of the city council in ref- erence to its power, and the action proposed by it relating to the city hail building, the status is somewhat different. In thefirst place the ordinance providing for the erection of a eity hall, was required by the very law which created and called into being the munizipal body itself, to be sub- mitted to ‘the electors of the city for their ratification, und without such ratification, no authority existed for such erection! Whether it was necessary or not to have - bodied in such ordinance’ the designation of thelocation of the building, the limit of the cost, and the designation of the plans under which the building was to b : e certainly very proper to bo so embodied, were all designated in the ordinance which was submitted to the electors, . In fact it would be difficult to conceive of any practical bengfits’ or purpose of such an ordinance without such designation. Without them, & _submission to vote of ' ‘the ' eclectors might but a delusion and a snave, w nine-tenths of those voting to ratify the ordi- nance might be grossly deceived in ull or any one of the respects d. Howevdr, there is no restriction in the law as to the details which may be covered by the ordinance, but there is the positive requ nt. that no au- thority shall exist for the improvement, un- til the ordinance, with whateyer of detail it may be burdened, shall have been ratified by a majority of the votes at the election, This being so, it is clearly not in the power of tho council either to change the lacation of the building, to erect it on substantially diffe ent pins, or to expend an amount suus tially in excess of that designated in the ord nance, without first obtaining authority thercfor by an ordinauce prep. for that purpose, and submitted to and ratified by & majority of the legal voters of the city voting thercon.” Until such authority is con ferred no power exists in the m council to chunge the plans substantial to change the location of the city hall | ing, or to expend any amount substantially in excess of that voted upon in the ordinance. If by reasons of changes in‘the cost of lubor and material since the plans were' prepared it has become impracticablo to erect the building upon such plaas within the limit prescribed, and the plaus cannot be so changed 8s to briug the cost within the limit” without substantially chauging the plans, then oue of twd sued--elther different plans. must be adopted, vision must be made for outlay, 2ud in either case the ordinance pro- viding for such changes must be submitted to the eloctors of the city for thel satisfac- tion. 1f it should be deemed advisable to change the location of the building, the sam course must be pursued, and in the mean- time and until such-autliority is obtained by wo ordivauce ratified by & majoriy of the Iy 1 4 )? i-re%:.n;h'.\'ux& voters, the present structure, 8o far as it has progressed, baving beens eroected under the authority conferred by the electors and in conformity with their expressed wishes by the act of ratification of the ordifance, and the evidence tending to show that the structure, as far as it has progressed, is in substantial compliance with the Myers' plan%‘nml ifl sufficient 'q‘r the purpose for whic 1 way intended, i it cannot be removed or destroyed. Thb bonds for the crection of the city hall building hav- ing been voted after the location of the same by ordinance, and _ during _ the progress of ' the work thereon upon such location, must. be deemed to have been voted with reference to such location. It follows therefore that no part of them, or of their proceeds can be used forthe erection of a building on any other site, until the question of expen- diture upon such site shall have been first submitted to, and ratified by the clectors of the city. Notwithstending the mayor anda few of the members of the city council have dis- claimed any immediate intention_to change the site for the city hall, or to destroy the present work upon the structure, there have heen many significant acts by differe bers of the city counil. some of whil crystalized into action in the council as a municipsl body, indicating® pretty clearly & disposition, to disre- gard ~ the ordinance ' No. 050, the ratification of which by the majority of the voters of the city, conferred the only author- ity which the mayor and council possess in the premises, laim, in_fact, to have already rejected the plans’ adopted by the people, and to be no longer bound to work by them in the erection of the building. This being so. any taxpayer has the right o inter- pose to stay the hands of the municipal body in the execution of an unlawful and unau- thorized act. We do not intend to interfere with the legitimate exercise of the legisla- tive functions of the mayor and _council, but only with the exccution of unlawful ncts. Neither do we intend in any way to interfore or express any opinion as to the controversy between the council and the architect. All the questions which may arise between Mr. Myers and the city under his contract with the city, we leave entirely un- examined and without the intimation of any opinion thereon. They will remain for sot- tlement or adjudication between the parties at the proper time, when much of the testi- mony presented on this hearing may have some relevancy, which we do not accord to it here, THE ORDER, An order will be made temporarily enjoin- ing the defendants (or such of them as the injunction should apply toy from annulling or setting aside the plans’ and specifications of . B. Myers, architect for the erection of the city hall building, as referred to_in_ ordi- nance No. 950, adopted and_ ratified by a vote of the majority of the legal voters of said i or from proceeding under other plans or spocifications any substantial change of the Myers’ plans until an ordinance specifying such _plans, or substantial changes in the Myers plans shall have been first submitted to and ratified by a majority of the legal voters of the ity voting thereon. Also from removing or destrc the basement orsub-basement already erectea upon lots 5 and 6 in block 116 in the city of Omaha. Also from ercoting or contracting to ercet a city hall building upon any other ground than upon said lots above described, until_an ordinance providing therefor shall have been first submitted to and ratified by a majority of the legal voters of the city voting. thereon, or from using any portion” of the bonds voted for the purpose of.paying for the construction of a city hall forthe use of the city of Omaha called “city hall bonds,” or the procceds thercof for the . erection of a city hall on any other site than upon said lots above deseribed, until anordinance pro- viding for such use stinll have been first sub- mitted to and ratified by a majority of the legai voters of the city of Omaha voting thereon. This order will mot inferfere with the changing of the site for a city hall building nor with the adoption of different plans and specifications upon which ‘to croct it, pro- vided the question of such site and plans shall be first submitted to and ratified by a majority of the legal voters of the city voting thereon. A surprise, when smoking “‘Seiden- berg Figaro® for 5e you will find it a 10¢ cigar, Ask your dealer for them. P - MATTRESSES worth $3, only $1.98. Everything else in proportion at NEW YORK STORAGE CO., Entire block, Capitol ave. and 15th st. ———— BY THE PISTOL ROUTE. A Miner Fills His Head and Body ‘With Leaden Bullets. A miner, named P. Mullen, who boarded the Union Pacific train No. 2, at Ogden, Utah, Monday morning, committed suicide in the water closet of the car sterday at Elkhorn. His fellow passengers wi alf asleep and the man with whom Mullen was seated was awakened by the latter getting up. Mullen went to the water closet and remaine d there at least 10 minutes, The man with whom ho had been travelling since the day before was preparing to go to the closet to see what was the matter. Just then he heard a shot followed in_quick suc- cession by three more reports. The n- gers in the car became panie stricken and made a rush for the front platform. Two of the traiumen entered the car and broke into the closet. There lay the man Mullen in a pool of blood that poured from four wounds, two of them in the right temple and two in the abdomen, “The suicide was carried into the baggage car and taken into the depot at this city. Coroner Drexel was summoned, who secured a jury. The testimony was in o cord | with the fa stated and the following ver render “The said P. Mullen came to his death by a, pistol “shot fired by his own h cidal intent, someihere bety and Millard, while riding on a passenger train on the Union Pacific railway, on the morning of Murch 14, 1883, “CHARLES B, HANE C. H. Av TurTLE, T, B, Joxes. Mullen had a ticket to Chicago und $4.30 on his person, The man with whom he became inted yes y 1 who was h nate, stated th sed stated to him that he was en route to Chicago to obtai medical treatment for *lead i usually contracted by men who work in 1 mines. MATTR $1.08, v § worth £3.00, on'y ything else in proportion at W YORK STORAGE C Entire block, Capitol ave. and The county commissione Kan., are visiting the city, Th view the court house and fail to erect a jail this summer and are making tour of the principal cities to obtain points. POWDER Absolutely Pure. Thispowder never varies, A marvelof putl : udh A QER ty, strength and wholesouw ical than the ord nary kin in competition witn the multitude ef low (ost, short weight alum or phosphate powders. , and cannot besolp Sold L Roval Baking Powder 0o 3:c For the best quality of Dress Calicos, N. B. FALCONER’S. JC Ginghams N. B. FALCONER’ 22¢ For All Wool, Dress nfiGoods. N. B. FALCONER'’S. 29¢c For All Wool Tricots. N. B. FALCONER’S. N. B. FALCONER. GRAND MOYING SALH! SATURDAY, MARCH 17th, On April 18t we will vacate the store room Nos. 1501 and 1508 Douglag, and move into our own store—next door. Before doing that we make a grand Moving S : [ n.le: we must sell at least one hundred thousand dollars worth before moving. not take the cost of the goods into consideration in making prices. The goods must be sold and we make the them. Many of the lots offered will not last one week, o ask-all to come as early as possible, DRESS GOODS. 40 pieces 83-inch all wool De Beige, regular price 68c, moving sale price BOc. 41 pieces 44-inch all wool De Beige, regular price 98c, moving sale price 75c. 14 pieces tan shades French Suiting, in tan shades only, regular price $1 and $1.28, moving sale price, 57c. Outing Flanne!s, 82 inches wide, 48¢c; worth 78c. Colored Dress Goods 40 pieces pin striped all wool Dress Goods, 88 inches wide, regular price 78c, moving sale price 22c. 40 pieces 88 inch all wool Tricots, regular price 80c, moving sale price 20c. 10 pleces fancy silk striped Dress Goods, 48 inches wide, regular gréce 78¢, moving sale price C. 40, 44 and 46 inch Tweed, Serge, Fancy French Suiting, B4-inch all wool Flannels and Novelty Suiting, regular price from 78¢ to 95¢, moving sale price 42c. B4-inch Tweed Suitings, regular price $1.85, moving sale price 79¢. 42-inch all wool French Plaid Suitings, regular price $1.28, moving sale price 68c. Z4-inch fine French Plaid Dress Goods, regular price $1.BO to $1.75, moving sale price 79c. B%4-inch fine Plaid Dress Goods, regular price $1.78, $1.18, moving sale price VELVETS AND RIETSEIES. In this department we will makesome terrible sacrifices. These goods must be sold and the prices are made to sell each lot out fast. Fancy Velvels that have been sold at $1.50 and $1.23, moving sale price, 63c per yard. Fancy Velvets, beautiful goods that have been selling at $8.00, moving sale price $1.50. 7 Fancy Velvets, the finest goods made, that have been cold from $6 to $7 per yard, moving sale price $2.15. Fancy Velvets, elegant pat- terns, that have sold from $7.80 to $10, in short lengths only, moving sale price $3.68. Plush and Velvet, 16 inches wide, in all colors, never sold at less than $1.00,moving sale 38c¢. Plain Plush, Moire Plush, Moire Velvets, 19 inches wide, never offered before at less than $1.25 and $1.80, moving sale price 98c, Plain Plush, 19 inches wide, ourregular $1.50 Plush, mov- m‘g sale price $1.07. lain Velvets, our $2 qual- ity, moving sale price $1.89. Plain Velvets, our $3 qual- ity, moving sale price $2.08. Plain Velvets, 22 inches wide, elegant goods, regular pl'i?%$8.50, moving sale price > 2,48, All Silk Colored Velvets,reg- ular price $8, moving sale price $2.63. Velveteens. Velveteens, regular B0c, sale price 87 1-2c¢. Velveteens, regular 75c,sale price BOc, Velveteens, regular $1, sale price 6&c. Velveteens, regular $1.48, sale price $1.08. price price price price LINEN And Housekeeping GOODS. 1 case Turkey Red Damask, re?ulav' price 60c, moving sale price 49c. 1case fine Cream Damask, re?ular price 78c, moving sale price 80c. 11-4 Marseilles Bed Spreads, r‘eyulm- price $3.80, moving sale price $2.75, 11-4 Marseilles Bed Spreads, regular price $4, moving sale price §3.28. 100 dozen fancy bordered Doyles, size 20x20, regular rice $1.80. moving sale price 1 per dozen. 100 dozen B-8 Bleached Napkins, regular price $1.80, sale price $1.28. 100 dozen B-8 Bleached Damask Napkins, regular price §2, sale price $1.80. B0 dozen B-8 Double Dam- ask Napkins, regular price $3, sale grice $2. At §1.00--Odd lot 8-4 and B-8 fine Napkins, slightly ;gxlcd at §1; would be cheap at White Blankets. 10-4 white Blankets at 88c¢, regular price $1.25. 10-4 white Blanketsat $1.49, re%ulflr' price $2.28. 10-4 white Blankets at $2.08 regular price $3.00. 10-4 white Blankets at $2.58, regular price $3.50. 10-4 white Blankets $8.074, regular price $4.00. Grey Blankets. 10-4 grey Blankets at $1.78, regular price $2.50. 10-4 grey Blankets at $2.83, regular price $3.00. A few pairsof 11-4, 12-4 and 13-4 white and colored Blank- ets, all slightly soiled, regu- lar price from $15 to $20, sale price $9.78. WHITE FLANNEL. 27-inch. white Flannel at 181-2¢, regular price 25c. 27-inch all wool white Flan- nel at 221-2c, regular price 80c. 7-8 white all wool Flannel at 8le, regular price 40c. White Shaker Flannel at1lc, regular price 15c, hite shaker 18 1-2¢, regular price 28c. White shaker Flannel 22 1-2¢, regular price S0c. White shaker Flannel at 8Be, regular price 45c. Blue mixed Flannel at 13c, regular price 20c. Navy blue all wool Flannel at 18 1-2¢, regular price 25c. All wool scarlet Flannel at 18 1-2e¢, regular price 28c. Fine l'uuu?/ Jersey Flannels at B8e, regular price 70c¢. Fancy French striped Flan- nels at 88e¢, regular price 75c. Gent's Furnishings 40 dozen men’s fine laundried shirts, at 89¢, worth $1.25 40 dozen mey fine laundried shirt; gular price o at Flannel at at 5 dozen ‘men’s fine shirts; KTIES. atin neck- Ming sale 250 plaited regular from H0c to at this cach MEN'S GLOVES, Pwenty-five dozen men’sbuck, castor, dog skin and kid gloves, worth from )0, at this ule $1.00 pe S FANCY FLANNEL SHIRTS, venty-five dozen men's fancy flannel shirts, regular price $3.00, sale (:]ricu $2.10. MEN’S COLLARS—6¢ EACH. Forty dozen men’s linen collars at 5¢ each, regular price 10c. 100 dozen men’s 4-ply linin col- lars in all the new styles 12ic, worth 174c. Men’s cuffs 15¢, worth 25¢. Men’s cuffs 25¢, regular price MEN’ SUSPENDERS 15C. 100 dozen men’s fine suspenders at 15c, regular price 250. grey merino half hose at 150, regular price 25¢. British half hose at 15¢, regular price 25c, LINEN HANDKERCHIEFS, 100 dozen men’s white and fan- cy bordered all linen hd'k’fs at 8ic each, reduced from 12} and Men’s white and colored bor- dered all linen hemstitched h'dkfs at 17¢, regular price 25e. Men’s white and colored bor- ed all linen handkerchiefs. offered by us before at less On Saturday All the fine men’s colored hor- dered all-linen handkerchiefs that we have been selling at 50c. On Saturday the price is 874c. SILK HANDKERCHIEFS. 25 dozen fancy silk handker- chiefs, regulor price 65¢, sale price 25¢. 40 dozen fancy silk handker- chief regular price 8¢, sale price b5e. Mens’ China silk h'dk’fs, regu- lar price 60c, salc price 40c. Mens’ China silk h'dk’fs, 24 inch with wide hem, regular price 75¢, sale price 5: Mens’ 26-inch Chinasilk h’dk'fs, regular price $1.00, sale price 72c. Mens’ cream silk mufllers at 50c, worth $1.00. 40 dozen China silk muflle regular price $1.75, sale prico MEN'S UNDERWEAR. Men’s white merino shirts, reg- l’\lzlr price 40c, moving sale vrice 25¢. Men’s white merino shirts, reg- ular price 50¢, moving sale price ase. Men’s white merino shirts, reg- ular price 75¢, moving sale price He. MEN’S ALL WOOTL SCARLET SHIRTS A D DRAWERS, 85¢, 100 dozen men’s all-wool scarlet i ind drawers at 85¢, regular men’s " fine scarlet shtly soiled, regular )0 and $1.25, moving sule price 65c, Men’s full regular merino shirts, all s that are worth $2.50, sule price 08c. Ladies’ SHERE S WAR SR S Ladies’ spun silk Vests, reg- ular price $3.50 and $4, mov- ing sale prioe $2. Ladies’ spun silk Vests, shortsleeves, regular price $4, moving sale price $2.95. Ladies’ natural wool fine light weight merino Vests, re?ulnr price $1.50, moving sale price 98c. Ladies’ fine French Saxony knit Vests, regular price $2.25 moving sale price $1. Childs’ scarlet vests and pants, sizes 16 to 26, worth from 85c¢ to 48c¢, moving sale price 28c. Children’s scarlet vests and pants, very fine quality, reg- ular price from 60c to $1.10, moving sale price B0c. Children’s white ~ merino Vests, sizes 18 to 32, regular %’,5"‘” 88c¢, moving sale price c. Ladies’ merino vests, regu- lar price 88c, moving sale price 25c., Ladies’ fine white merino vests, regular price 68c, mov- ing sale price 89¢, Ladies’ light weight merino vests and pants, regular price 7Bc, moving sale price 43c. Ladies’ light weight merino vests and pants, regular price 88c, moving sale price BSe. Ladies’ all wool scarlet vests also camel’s hair vests, NO PANTS, regular price 78¢, We do prices to sell moving sale price 83c. Ladies’ very fine all wool scarlet pants and vests, regu- !;;Sr price $1., moving sale price c. WASH GOODS. Fancy Scotch and French Zephyr Ginghams, regular ggnce 8Bc and 40c¢, sale price 28c. Indigo Blue Calico, regular grice 1-2¢, moving sale prige Co Fancy Striped Seersucker Ginghams, regular price 1245, sale price de. French Sateens, in a lot of odd lengths, regular gnce 88q and 40c¢, sale price 28¢. Apron Check Ginghams, Eegulur price 81-2c¢, sale priga o v Best quality dress styles & Calico, 8 1-2¢, worth 8 ¥—2c. A splendid line of colored lawng 24c, worth Ge. f German calicos, one yard wide, at 8te, worth 15¢. Not more than 12yards to each customer, Fancy dress buttons, 2 dozen for these buttons are worth from 25¢ to 85¢ per dozen. Cream Russian and vermk‘ilw lace, from 8 to 5 inches wide, al 8ic, worth from 15e¢ to 2je. Not more than 12 yards to each customer, at CHILDREN'S WHITE DRESSES. Children’s white dresses at 500, worth from 75¢ to $1. Children’s white dresses at 750, worth 81. ! Children’s white dresses at fll, worth §1. : Children’s white dress at $1.50) worth §2. JERSEYS. Black jersoys at 90c, 81,50, $2 82,50, 83, 84, juet about half prical j #1.60, e, 50, $3 and Black and fancy je §2:75, 83, at just half p Colored jerseys at &2 £3.50, worth double. RIBBONS. Allsilk sash ribbons in beautis ful shades, 7 inches wide,in moire crown edge at 95¢ worth $1.43. Blocked pattern sash ribbod in all colors Hie, worth 8se. FEATHER PILLOWS. NO ODOR. NO DUST. We have just received our spring order of Feather Pile lows from the Cold Blasf Feather Co. These Feather: have all undergone the misn thorough renovating procesg known to the trade, and cug= tomers can rest assured thoy are as represented. At $1,25 pairs Feather , worth $1.78. At $1.75 100 pairs Feather Pillows at $1.78, worth $2.80. : At $2.25 100 pairs fine Feather Pil lows at $2.28, worth $3.50. At $2,75 50 pairs Feather Pillows ak $2.75, worth $4, At $3.50 BO pairs Live Geese Feath er Pillows at $8.50, worth §8. At $4.50 BO pairs Live Geese Feathep Pillows at $4.80, worth §6. DOWN PILLOWS. DOWN PILLOWQ At $3.75 285 pairs fine Down Pillows, satin covers, at §$3.78, worui B, At $5.50 25 pairs fine Down Pillows, large size at $3.80, worth $7.80; At $6.00 28 pairs best Down Pillowg at $6, worth §9. These Pillows are all guar=- anteed to be perfectly odorlesg and free from dust, V8 at 100 Pillows at $1.2. E.O. West's NERVE AND BR MENT, & guaranteed specliic for Hys ness, Convulsions Fits, Nervous Ne h Headache, Nervous Prostration, caused by the use of alcohol or tobas Vial niness, ntal Depression, Softening of the Brain, resuiting ic. Tnsanity,and leading to misery.decay and death, Premature Ol Age, 1 ness, Loss of Power in either sex, Involuntary Losses and Sperma- torrhaea causad rtion of the brain, self-abuse or ovel co. Each box con tains one month's treatment. $1.00a box, or six boxes for 8.00, seut by mail Prepaid on Fecelpt of pri WEGUARANTEE 81X BOXES To cure any Vith esch order received b us for six boxes, accompaniod with 85.00, we will send the purchaser our written guarantoe to re- fund the woney if the treatment does not effect Guarantees issued only by C, K. GOOD- ruggist, Sole Agent, 1ill Faruam Strect, , Neb, suffering from the ef g ity Gre, carly dveay. Lrculirs for huise cure, fres of ' FOWLER, Moodus, Conne We make our best bow to the public, One of .thetests of lgood taste 18 & be | coming hat. Minatul of the yaried needs of [our patrons we are supplied with hats Jorthe spring trade, suited {nquality and [style to every pursuit land profession Hats |and caps for the Loys, Lats for their fathers aud brothers, broad-brimmed hats for their grandfath ers, all At prices which ‘must astonlsh the public,} and Nebraska National Bank. U, 8. DEPOSITORY, OMAHA, NEB, Paid Up Capital, - $250,000 Surplus, - - - = BO.QOO H. W. YATES, President. Reep, Vice-President, 'OUZALIN, 20d Vice. esident, W. . 8. Huanes, Cashier. w.Vv INSE, X CorLINg, H.W. YAres! LEWIS S, LEED, A. E: TOUZALIN, "“THE TRON BANK, Cor. 12th and Farng 8, A General Bunking Business Transacted, Proprietor Omaha Business Callege, IN WHICH 18 TAUGHT Book - Keeping, Penmanship, Commercial Lay, Shorthand, Telegraphing and Typewriling. Send for Soliege Journal § E. Cor 16th and Capitol Avenue 7. B. HAYNES, —O¥FICIAL— STENOGRAPHER, Third Judicial Distrlot, Roow 44, Chamber of Commerce, ‘Pelephone 614, SteckPiano thetle tone, Plinile otion wud k- it cars’ rill!rl't Tente of iheso lustrun WOODBRIDGE $.B H { |}