Omaha Daily Bee Newspaper, August 10, 1902, Page 9

6 )3 Dry Goods Main loor. Orir entire line of beautiful all weol and silk and wool challis will be placed on sale in our dress goods depart- ment on Monday. All grades up to 65¢ yard will be closed™ Department lout at 25¢ per yard. SPECIAL BARGAINS in wash goods for Monday. Several lines of fine fabrics at greatly re- duced prices. Fancy Batistes and Dimities— all pretty colors and patterns, both light and dark effects and fagt. colors, 5 worth 10c yard, at, yard B c A swell line of fine imported frish Dimitles in stFiges, dota and figures, all desirable shades and strictly 1 5 fast colors, worth 86c, at, yara/,.. C Our entire stock of imported lace stripe REtamines, 8iik, Ginghams, French Batistes and Satin Stripe Swisses, this season’s Iateat and best nov- powrbagrosieongnirpbgalogghes |4 o 86<inch - imported French per- salew, In cholee patterns for boys' walsts and wen's shirts, striotly fast colors, worth 26o per yard, at, 1 et 4 DA o, ¥ " Bargains in Waists 25 pleated Walking Skirts, Bome clusters of tucks and bands of inger- Colored waists made of cham- tion. 1,600 very pretty _White Indla Linen Waists made with in pretty mixtures, also blacks, eight rows of stitching arcund the bottom, unitned, worth $6.95— 4.9 5 w R 161 & ‘HARNEY STs. THE OMAHA DAILY BEE: SUNDAY, AUGUST 10, 1902. W.RBENNETT (0 s Music Departm’t! Strike it Ric By bustling down to Bennett’s Piano Ware Rooms, Monday morning, Aug. 11, 1902, bright and early, there will be a lot of bargains for piano buyers if you make your claim early enough on above date. Among the bargains offered will be: Hamlin Organ .. W80 ..18,00 Whitney & Holmes Organ ...... wd d 4o 28.00 Hamlin Organ .. . . 28,00 Write Makers Piano ........ AN B 48,00 Chicago Cottage Organs ..38.00 New Sample Piano, Mahogany case. ... 98,80 Chicago Cottage Organs .48.00 Other Sample Pianos . .. $125:$135-5150 Woodbridge Organs ...... 00 v (T e 25.00 Used Upright Piano eastern mfg.$125.$165-$184 Two Everett Pianos, worth $500 each, slight used in concert work will sell for, each.... . $428 State Represeuntatives for Everett Pianos: Ivers & Pond, Lindeman Starr, Smith & Barnes, Richmond Harvard, Willard Light & Co., and Shoniger Plano; also the wonderful Chase & Baker self plano player, king of self players. Endorsed by everyone, We sell on $5.00 Monthly Payments. Have your piano tuned by us, our corps of tuners include Messrs. Chas. Stephens and F. H. Lackett. We Rent New Pianos—Rent applies on purchase price. Remember a call upon us Mon. day morning will be just like finding $100. You casnot afford to miss it. Sheet Music Sale—Commencing Monday and running all week, we sell following hita: Btorm Klm':.)hrch & T I'm 8o Tired of Livin' I Don't ‘Wé also have & lot of new s N Paul's o'l gqn Care When I Dle ..ccooovvvvnvene | g 100 numerous to mention, at ........ [z Ch onge, {0g numereus to mention, at 8¢ Néw England's Finest Maroh Schirmer Library and Wood ‘sdition at B 4 per cent o m:u‘murw price. ‘omplete stock of McKiley edition of Flo 10 music. Frocka And_ Fii Ping Pong March brays and ginghams and lawns, plain colors and stripes. ALL NICE styles, SIZES 32 TO 44. Do not miss this big Bargaln. Values up to $1.00 86-inch imported Irish Lin- ‘en Sultinge, & fine rich weave, guar- anteed, &ll linen, fast colors in black, plok, blue, tan and red— ‘worth 750 yard, &t, yard. 39C 68-inch heavy wunbleached loom damask table Iife: 60-inch heavy silver bleach- ‘ed lcom damask table linen, guarans teed to give satisfaction, 64-inch grass bleached pure Irish Satin Damask Table Linen, in beautitul flowers, designs, ‘worth Tse ylr:.lt, ;'lrd 5& 22inch grass bleached da- mask Dinner Napkins, nios Nower de- slgns,. worth $1.25, s s e ..t 98¢ Huckaback Toweling = for faney work nillow tone atn ssvessl’ Bew pleces at popular prices; 18-tnch wide, at, yard, 19¢, Mo - i Bpeclal for «v..oveeeninn. -~ White Pique Skirts Monday to bb sold less than cost of material io them. They are piain and fancy, some tucked, some with | sertion, prices 98c n: ‘4005 100 black, all wool skirts, graduated flounce, tallored with satin ‘bands, all lined with spun glass lin- . A VA BTN Ak s abon s o vh A big clean up purchase of the balance of a big manutacturer's lot of white and colored walsts, val- ues 66c to $1.00 each. All go . Monday on 24 fioor, each.... 39c 400 striped percale waists, made with tucked fromt forming a yoke, colore red, blues, black and white. Al they last for, eTm. hello and sizes, while 26 dpzen extea fine quality Jepanese Sllk Walsts in black ‘and of these are pldoed on sale at Omaka Man Relates His Experience in HERMAN MUHR'S JOURNAL OF THE TRIP Helpless from May 6 Until July 1, When Vessels Owaght in Immense Pack Were | Finally Released, Herman Mubr of Omaba lett Portiand S Bata e s, o Blgels F bikacanetdl H : B £ ® [H 358 bracing, ihe Bills. It ! # £ [+ gy E ’ : 1 5 i H ! 2 i 1} ] it 1T i il 22285 Nome arrival, E : i - 4[: i ' i7 i £ 11 H T i GLrAi T ARCTIC 10K = Monday Caundy Bargains Cream—Twothous and pounda H % § g H Bge i g H 4 g .§ if o sEss 3 1 i B : gl ';E‘? 5 < $ 3 ;i = y-4 time since the'Ifth. As’ fn the lce we were on the move. be making efforts to cast anchor at 7 a. m. In Our Shoe Department W. R. Benunett Co. have figured that $8 is the logical price for a first class shoe for ladies or gentlemen. Bee below what we give you, / Men's Viel ¥4 shoes, val u “CUT RATE” {n Spectacle ~=Optical Department. ftted sith et qualic o‘:vm orsitie, BT W.-gfinwui‘fi, wf.-urmn';“fllt could e on deck without overcoste Om our right, barely visible, lies Cepe Rod- mey; nearer to us is Point Spencer. Be- fore us Port Clarence and ot opr left Cape York, and further morth Cape Prince of ‘Wales, the Diomede islands, far in the distance. To the west of us we saw a steamer which was thought to be Nome Olty. drifting north- ward in the ice with the current. June $—A fiue day. This morning A strong head wind kept us here. A mirage gave us considerable amuse- ment today, playing its pranks with the of the Diomede {slands and showing us Nome Oity, under steam masts down, moving along the sky. wea interesting and csused some merri- ment. - We entered the Aretic ocean. June ¢~We drifted northwest, past Cape Prince of Wales, and are now lying oppo- ram is hard work. But it does one good to egaln hear the englues at work, We are 11 beginding to fear that the arrival In siates of other vessels from Nome, bringing o news from us, will Il those we left behind with anxiety for our safety. ‘We are held In the unrelaxing grip of the ice. We have plenty to eat and nothing to worry or trouble uws. We must be economical with water, as all of that is now supplied by the condensers. June 6—Toddy we made an effort to reach Bast cape, but got only a short dis- tance owing to the density of the ice. We are now above East cape. June 7—We tried to go south this even- ing, but could make no headway. We are above the Arctie cirele and before us Capes Untkin and Serze, on the Stberfes ecoast, are visible. June 8—It became quite cool this evening. We made a lttle headway toward the Siberian ccast, but had to give it up. Jeannie again came in sight today. It bad # Quieting effect om all, as it proves that our ship had done its best. - sune $—Heavy fog all day. June 10 and 1i—Heavy fog. We are de- prived of water for yesking, but are prom- 1sed some for tomorrow. June 12 and 13—Fast o the ice and rain- P Goedyear 3 ‘Hp. or plain toes. A big $4.00 ¥ fon Ms " Good: an "’rfi‘fi"’w‘.”.‘af‘r&"'“ 2 or tips, the n's Box bl e Monday Jewelry Bargains ‘Welt Lace or Congress or n! the Franklin Unlon fi%& K 2.50 for . and Eye Glasses tomorrow (Monday) the without proper lenses extra unrr, alsG m' @ full line in Wllfi ts and qualities In solld gold. Bring your spectacle repairing to us. Watches : If you are thinking of getting a watel o m':uc' and want lm.boa? bu '@'& to SNl g O e el Wt gyl o0 v 18,80 8 E puddle near one of the stacks, to the great amugement of every one on deck. Of course 1 was obliged to go below for a complete change. June 23—¥ine weather. The ice Is solld from the freeze of two days ago, and, being covered with snow, pressnts an unbroken north, 169 degrees 3 minutes west. g:.-pd more water today. Jeannie, which always been to the south, has changed its positioh today, We are out of lard, so Bo more plea! Cape Lisburne was in sight sll day. June 26—Mild and clear. Nothing to be seen of Jeannie, We made & start at 10 a. m. and rammed our way through the foe. June 27—-We were up all night, as Jeannle was just ahead of us, and at 1 8. m we were close together. We made fast and then went to meet the passengers of Jesnnle on the ice. The pleasure was great. Calls were exchanged. I bought the latest papers (April 30 and May 1). At 4:40 a. m. the signal was given and econ we were on the way, Jeannie follow- ing in our wake. Al neon we encountered great masses of piled up ice, which it was impossible to break, so we anchored with Jeannie a mile sway. The mesting with Jeannle produced several severe cases of “Katgenjammer.” 1 got & suap shot of Jeannle. Today & young man took a plunge in the Arctic ocean—rither a foolhardy trick! Jeaunle was sbort of flour, so we helped it out, Zune 38—"=ine. Made good headway. This evenlng we made fast to the same block cf lee with Jeannle, 1 went over there. We are much better provided tor than they are in every particular except coal. They have a0 much, but say they campot spare ts gny, as they require it to malatain thelr position in the water. We could use it to such good advantage. June 20—We got an early start this merning, at 6 o'clogk. Portland was battling nobly snd was slowly snd with difficulty overcoming the resistance. We made barely a mile per hour, Later we @ot luto thin ice and were making good The meeting with Jeannie 3.00 Mouday Grocery Barg'ns Our business per pound ..v.eevescese fore Nome. Msay smail boats put off from shore to welcome us, in ome of them my brother, The joy at meeting was great. Portland returns south tomorrow and will carry this letter. Jeannle arrives at § a. m. We beat It was & most plessing sight. 1t by seven hours. " H, MUHR. J. P. CONNOLLY IS AMBITIOUS County Commissioner fu Out tor Dem- ocratie Nomination for ; ! H i ] 3 ¥ ¥ i i 58 r. They know, 1 would be the real mayor every minute the time I held office. I would have no ene- mies to punish, but I would rewsrd my friends whenever possible to do so and serve (he best Interests of the public. I em just starting on my second term as commigsioner, but as soon as elected mayor 1 would, of course,/ resign my place, to let it be filled by appointment. There are, 1 Ly of good men in the Third wards who could be prevalled upon to occupy my shoes sny time I get out of them. If I get the office 1 would be influenced by a desire to prer serve Omaba a8 & wideawake western town, without closing everything up tight, and yet without permitting offense to any- body, T don't care who knows now that I am after the nomination in earnest, 12 T get It my friends will see the livel skirmish for election that they ever saw. TOWNSEND GIVES HIMSELF UP His Version of the Story of Assanlt on Ellen and Florenee Barker. Hugene Townsend went to the police sta- tion yesterday and surrendered himself to the officers for having assaulted Eilen and Florence Barker at Forty-second and Fort streets Thureday night. Townsend told the police that he and several com- panions were sitting around in the weeds in & vacant lot, near where the assault oc- curred, and that they had handkerchiefs tied over their faces in order to protect themselves from mosquitos, When the girls came along. he sald, just for fun he ran out of the weeds after them. When Furniture Departn{ent Here's an offer that saves $3.00 at a look. Monday we place on sale 50 en cabinets at the lowest price ever named for this class of goods, our 4.48 Dining Chair (exactly like cut) made of best solid oak, back nicely substantial, regular 85c¢ regular $7.50 cabinet on sale Monday & Tuesday carved, strong and hand earved, 184n. seat, price $1.50, sale price for Monday & Tuesday. . Medicine Cabinet, made of solid oak; neat in design, very useful and it has a beautiful 8x10 mir- strong, ror in the door and the cabinet is 64c very ornamental, on sale Monday only at..... Only one to a customer. l kitch- l ! | Crockery Department Specials Monday —Midsummer Clearing Sale—Par excellence, of rich gold fruit, bread and butter plates, O;m table miscellaneous, cholce or chol tor o Values up to English Se Semi-Porcela e | P BRR T Ve 40 English Sera!-Porcelajn Bane + Trunk Department Main Floor Trunks, trunks, the most complete line In Omabha {o choose from. Our prices are the lowest. Fancy Metal Cord Trunks, tray and bat box, luvu....ll68 gooa size canvas uhllmzoc Shawl Straps, up O ovvenrns iiiiean P Truak Straps, up from . " Woodenware Department W Spoons &oflonm. hs‘a:”&!w“‘ 7Bc i 68¢ el 68c A the, wy:ry west prices. qu.nrhv of useful articies always to be found in this departuent &t Wre making very low pricas on our refrigerators to closs out. Art Department Plotura Frames made to order to fit and to suit any style of ploture. latest 500 _patte in thy 10 select from. day. A 10 1 1n ‘wide, in ebony, brow: foox. fijnehwln:éh'lai.mwtmz - oo RO RRSE otk o1 Souldi i o wart 45 A 3o gold plate Babe Photo ¥rame, Bring your picturs for framing. Work Teas and Teas, finest values on the market, per pound......... Coffee, fresh roasted, good Cup and Baucer free. A coupon in 22| LAV 0N POLICE BOARD CASE Bubstancs of Brief to Be Filed by City Attorney Oonnell. CASE GOES DIRECT TO SUPREME COURT Mr. Commell s Confident that Cowrt Judgments in the Moores and Kennedy Cases Will Be Again Afirmed. City Attorney Connell has begun to col- lect his data for the briet and petition in the fire and police commission case, and, be says, the more thoroughly he enters into previous rulings of the supreme court in the matter the mor:c sanguine he 1§ of suc- cess. The documents will be complete by Wednesday of next week and will bo filed in the supreme court. “The case would got there anyway oventually,” sald he, “and we might as well filo it there to begin with.” Here is 8 passage that will be cited in the brief. It is from Judge Freoman in his work on i¢.a court cin trom to oouflhl“:nlu geticn Bheit’ become” more ] ““The questions iovolved in the proposed quo warranto case are not so much ques- tions of law,” sald Mr. “‘as they are questions of the finality of the sound judg- ments of courts as between parties liti- gant. A judge has the clear right to change bis views of the law when he belleves his former views to have been: erroneous, but Bo judge or court has the right, moral or' legal, to overturn or. destroy judgments which have become fimal. MM"»‘ : prepared to y abost h:%m 'l' by Judge Holcomb FH Will sell them at on eale Mon- o (5 o8 . at per R -, EOtADI0 DISROR. \buves ueresies ¢ |, b i - 9l selty T o Fllnr%l doxen * Monday, only, at, I5e. first claes, prices ths lowest, Coffees A of Hennett's Capitol Coffes. Jjudgment in the Moores case settled all controversy between the parties, and was res adjudicata as determined in tho Kennedy case. Judge Holcomb added M separate opinion, stating in positive terms fi#fifinfio(nuflndfilh«fluum cats. as held and applied by Judgs Sullivap, be concurred in“all that was sald and. concurred in Judge Sullivan's oplnion. Judge Sedgwick did not express any opinion | on the question of res adjudicata. “Notwithstandling ‘this third determina- tion of the rights of the parties, a motion for & rehsaring was fijed by Mr. Wright and his associates. The question of the res adjudicata effect of the Moores judgment.. agaln came up for considerstion and an . “The original quo warranto case, known !tered in the Moores cahe was conclustye snd as the Moores case, was decided while Judge Harrieon was oo the beuch, and he wrote the opinion of the court in favor of local self-government in secordance with my contention. Upon the election of Judge Holcomb as the successor of Harrison Gov- ornor Poynter, belleving that the court as reorganized would overrule the law as de- clared by Judge Harrison in the Moores regarding the rights of local self-gov- ent, appointed W. J. Broateh, Dr. J. H, dy, Harry C. Miller and J. J. O’Connor as members of the fire and police board. Cites Ke ly Case. Immedistely dfterward, for' the purpose of ousting Mr. Kennedy and the other ap- poiutees of the mayor and councll, the at- torney geperal commenced & second pro- ceeding in the nature of quo warrsato, now generally known as the Kennedy case. As & result of the commencement of this action the respective clatms of the appolntees of the governor and of the mayor and council were for the second time presented to the supreme court for determination. In this second action Mr. Kennedy and his asse- clates set up as thelr chief defense the plea that the judgment entered In fuvor of the appointees of the mayor and council in the Moores case seitled all controversy between the parties, and that such fudgment was final and res adjudicata, without referetce to whether the law, ss declared in the Moores case, was right or wrong. “This plea was fully presented by briefs of counsel, and was decided at length ia & very able snd poluted opinion by Judge Sul- itvan, and tbereupon a sccond judgment was entered in fayor. ef fhe appointees of the mayor and councll as agalnst the appointess of the governor. Sullivan's Second Oplsves. “After & full hearing of the case Judge | gy, v Bullivan wroté & secoud exhaustive opin- ' paralysis, is 18 & critical condition today. res adjudicata as between the members appointed by Moores and those appointed by the governor, and was bigling on thair successors in office. In this view of the case Judge Holcomb, in express terms, has’ concurred, and in express terms has declined to recede from his position. Judge Sedg- wick, in his opinton, which, so far as I can sscertain from the record, is neither concurred in nor dissented from by Judge Sullivan declares that the judgment in the Moores case is not res adjudicata beyond the term of office in controversy in that oase. The question, however, ss to the res adjudicata nature of the second judg- ment in favor of the appointees of the mayor and counell in the Kennedy rase iy not referred to or considered. “I am gonfident that when the matter is fully and fairly presented to the supreme court that both Judge Sullivan and Judge Holeomb will stand by thelr cplnions os previously recorded and that when the question of the effect of the judgment in the Kennedy case is presented con- sidered that Judge Sedgwick will vonceds that the previous opluions of Judges Sul- livan and Holcomb are sound and correct. And, without reference to whether their opinions are correct or not, as applied to the judgment In the Moores case, the prin- ciple involved In the Kennedy case belng the zes adjudicata effect and force of the Judgment in the Mocres case, Judge Sedg- wick will bold, In accordance with over- whelming sutbority, that tbe judgment fn the Kennedy case, which up to the pres- et time he has not considered or passed on, is final and ves adjudicata and forever sejtles the right of the conténdlag par- tes.” D e Stricken with Paralysis. NEW