Omaha Daily Bee Newspaper, April 7, 1909, Page 3

1510 DOUGLAS STREET reat Sale of Beautiful, New Silk Dresses Made to sell at §20, $22.50 and $25, On Sale WED DAY, at of Omaha. Over 500 Silk Dresses that were purchased by our resident New York buyer at a wonderfully low price, will be placed on sale Wednesday morning, beginning promptly at 8 a. m. Every dress in this great sale is a beautiful new style. Some are tailor- made effects in draped or pleated styles of self materials, and others are embroidered or lace trimme The materials are fine messalines, silk foulards, pongees and silk Aeolions; all colors and sizes d designs. to choose from. Dresses made to sell at $20, $22.50 and $25.00, on sale “WEDNESDAY, &t ... [\ o veee ORKR FORMERLY O. K. SCOFIELD CLOAK & SUIT CO 12 HIS great specialty house again an- nounces a sale that will be the talk 1§10 DOUGLAS STREET 50 12 Nebraska UNIVERSITY WINS ITS SUIT Supreme Court Says Uncollected Appropriations Do Not Lapse, SETTLES MUCH MOOTED QUESTION Same Ruling Appl o Trast Fuands Held by State from Fed- eral Government—Rills Signed. (From a Staff Correspondent.) LINCOLN, April 6—(Special.)—The preme court has issued a writ of manda- mus requiring the state treasurer to pay & salary warrant of an instructor in the university, holding that the unexpended surplus of the amount of the one-mill levy appropriated by the legislature for the use of the university lapses, but that the un- collected portion of this appropriation does mot lapse. According to this desision the appropria- tion of the proceeds of the one-mill tax for the years 1907 and 18 is an appropriation of the whole amount of the tax and not ®©f that portion only which was actually collected during the Biennium Section 19 article 3 of the constitution provides that appropriations shall end at the expiration of the first fiscal quarter after the adjournment of the next legisla- ture, but the court has decided that under this provision it is not essential that the money ‘be actually drawn during the two vears for which the appropriation was made. In regard to grants of public lands 1o the state by act of congress for the sup- port of the university and agricultural collage, the court says the state becomes a trustes of ‘wuch funds for the sole purposs of applylng them to the objects of the srants and with no power to divert the ®ame to other purposes, or to render them general funds pf the state. The acts of the legislature appropriating the income from sald grants {s a complete appropriation to the beneticiary of the income from s funds and the mection of the constitution saying when appropriations shall lapse is not applicable to such trirst funds so de voted by congress to a specific use Asks Modification of Deeree. City Attorney Stewlit has filed in fed eral vourt a motion asking for a modifi- | catioh of the decree In the case of the | Lincoln Gas company against the eity by | omitting therefrim that part adjudging the occupation tax ordinance invalld and granting & permanent injunction against enforcement of the allegations that the e Nebraska invalidity of the same under the laws and constitution of the United States s not_charged In the bill of complaint and no such lssue was involved; that the bill of complaint prayed for no relief against such occupation tax ordinanc that the evidence adduced does not su tain such parts of ‘the decree, and that the court was and Is without jubsdiction to determine the question of the valldity of such occupation tax ordinance under the laws and constitution of the state of Nebraska, or 1o enjoin the enforcement of the same. He has also filed a motion asking the court to modify its opinion as follows: “S8how In such opinion that the com- pany's stock and bond issue cover both gas and electric light departments, and that the latter aonstitutes about one- third of the entire valuation of complain- ant’s property “So that it may appear therein that the construction account is by the duplica- tlon of 1900 comstruction account, accord- ing to Mr. Honeywell's statement, and in testimony of Mr. Wiggins; also commis- sion on sale of bonds, $17.015, and costs of original plant, $64,247, not mow in ex- istence, “To show that the net earnings of 73862 for 1907, as admitted by the com. plainant, should be increased in the sum of $9,0, the same being items improper charged to expense. ‘o show the actual cost to complain- ant for the years 138 and 197 for laying services and mains, and that the applica- tion of the same to complainant's entire system would show the reconstruction value of the same to be about $100,000 less than the amount as shown by complain- ant's expert witness, given by the court in such opinion. “To eliminate from the value placed on complainant's property the item for $16.500 for gas_ranges, for the reason that the same Is not the property of the complainant and for the further reason that the cost of the same is charged to the expense ac- count. “To ellminate from the valuation of eom- plainant’s property the item of 30,000 working capital for the reason . that com- plainant is not entitied to earn dividends on that wiich it does not own. “To refer to the occupation tax ordinances matter for construction by the Ate courts.’ Man only as a Injured In Laundry. With his left arm broken in two places [ Hattie Liberman and | shoulder dislocated by aughit f noon to a lau machinery is lert Merchants' Tuesday, J hospital. He y engineer laundry shortly c was wogking with the -----“---------”.' Announcement! ! We wish to announce that moved from 303 North 1617 Farpam Street, and now have we h of the most up to date bird stores in the United States We have moyed into the business triet to make it convenlent for our rons knowing they will apreciate it, hope they will continue their patronage. Speclal Easter Sa Geouine Imported German Canaries our guaranteed $4.00 Singers at only Max Geisler Bird Company 1617 Farnam Street, . . . . S — ————— —————— v, | COmande; for Nebraska of the United 16th street ave to one dis- pat- and D et - o — dstudents were awarded the greater number belng | Mary Rathk in the machinery In the basement | horough. after | coln; Peterson was taken | Lhomas R placing some additional | in the basement of the laundry | Samuel 18280000, an increase from $100,000. Ne_braska when the sleeve of lis shirt was caught in one of the belts. He was thrown around the wheel and his arm was caught be- tween the shafting, The injuries of Mr. Peterson are severe. For a time Mr. Peterson worked as an apprentice in the Havelock shops and is well known in that city. He had only been working for the Merchants' laundry a few days. hi Beta Kappa Hono The twenty-two senfors who won Phi Beta Kappa honors were notified Tuesday morning in convocation following the inter- class debate between the senjors and freshmen Of the twenty-two who sclected for the honor, all but six w girls. The number who were granted the scholarship honor Is less than usual. Phi Beta Kappa is based solely upon scholar- ship and each vear, a certaln percentage | of the class s elected as embers of the | soclety. The selection this year was made upon A basts of §7% for the four years of col- lege work. The standard is usually set at| about this figure. The highest percentago obtained by any in the graduating <'ass was 94, and this required ninety-nina hours of “E" work with eleven hours of “G." A @Il recelved these marks, belng publie. the were one her name not made Lincoln of Phi Beta Kappas. Nine students resid- ing In Lincoln were given the honor. Omaha, Beatrice, Fairbury, Central City @nd Tecumseh were represented by one student. Two of those who were awarded keys reside in Iowa, one living in Logan and the other at Glenwood. The announce- ment was made by Prof. Stout Theta K M Nu Members, Preceding the announcement of the winl ners of Phi Beta Kappa honors, 'Dean Costigan of the law college awarded four men with membership in Theta Kappa u @ law organization similar (o Phi Beta Kappa, whose membership is based on | scholarship. Those selected were: | Arthur B. Bouton, Bellwood; Roy Carl- | | berg, Bancroft: Carl Peterson, Osceola Robert De Vore, McCook. 'The Phi Ret Kappa selections follow: Viola F. Barnes Alblon; Alice M. Batty, Hastings; Edwin | G. Davis, Lincoln; Stuart P. Dobbs, Beatrice; Catherine C. Doyle, Fremont; Grace atough, Lincoln; Camille Evans, | David City; Mamie B. Ferris, Central City: ! Helen A. Gray, Fremont; Edith A. Grimm | Lincoin; Helma L. Holmes, Tecumseh Frien Clara H. Miller : Fay N. Mye Falrbury; Anna e, nwood, : Ray J. Bear Linerc Amy Shellman, Lin- Emma . Steckelberg, Lincoln P. Btocker, Auburn; Paul Lincoln; J. E. Weaver, Lin | coln. From the Alumni—Mrs. H. H Avery, both of Lincoln Hayden Bank Stock Increased. Hayden Bros. have filed amended articles of incorporation with State Banking board, changing the name of their bank Ing establishment to Corn Exchange | bank and increasing the authorized capital stock to $0000. The paid up capital Logan, Ta | Thompson Wilson and the | the is New nk for Teew The First State bank of Tecumseh is a new banking Institution which filed its articies of incorporation with the Banking board today, and the incorporstors are A N. Dafoe, Frank Dafoe, Caroline Dafoe and Mattle G. Dafoe. Bl ors ag 8 The Board of Public Lands and Build ings today made the following appoint ments of janitors: David Logan of Albion Lew Johnson, §. Bullard, Joe Rife, Major Moore and John Jewell. Willlam Nozler and J. Cockran of the old jamitors were not reappointed. Phelps Given Appointment. Major E. H. Phelps, assistant adjutant e House, general. has been appointed provisional . | { | i | question the witness. These dresses are all fresh from a New York maker produces—many are elaborately tucked and trimmed with lace or braid. Some with long trains, and others in walking length. Newest and most popular BRANDEIS STORES “WONDERFUL SALE of WOMEN'S Worth up to $ $25 and $30 Each,at.... ON SALE WEBNESDAY, AT A Score of the Newest Styles Are Represented Dresses suitable for every possible afternoon and evening affair as well as for street wear. Many of the extreme new styles that are so popular in New York. white dresses are many in small sizes that makes them suitable for confirmation and For Street and Evening Wear 950 [Among the graduation dresses. | MATERIALS INCLUDE Taffetas, Foulards, Ra- jahs, Messalines, satins. Next Sunday is Easter and beautiful new silk dresses ever known in Omaha. colors are represented . .. hands and there is real elegance and OOLORS INCLUDE White, reseda, grey, tan, pink, blue, catawba, black. we offer the biggest sale of distinetion in every garment he magle with high girdle, in empire style—some )i FRPELRCY | TALCNC ¢ TEFEAER ) SRARES 5 GRS ) AEED 3 BGELSE o 5 ENISD o FIRRG l Nebraska | Spanish War Veterans. The appointment carries with 1t authority to name the de- partment officers and appoint delcgates to the state convention, which will meet in Omaha, April 27. The maio¥ alfo has au- thority to issue orders relaling to the as- soclation in Nebraska. BABY'S BODY FOUND BY HENs Corpse Partly aten by Dogs Un- earthed Near Alblon. ALBION, Neb., April 6.—(8peclal)—Satur- day morning, D. I. Hunter, living ten miles northwest of Alblon, was attracted by a rumber of hens picking at some unusual substance in his yard. TUpon investigation it was found to be the body of a hoy baby, one arm and one leg uf which caten off by dogs. Ihe coroner was im- tely called and the remains of the baby are now in his custody pending (he convening of a coroner's jury An examination of the lttle hody cates that the child was fully bnt had received no care at birth, which froom appearances was about six weeks ago. Mr. Hunter has no nelghbors nearer than a half mile, and his family which con- gists of himself and wifé, a son and a daughter-in-law and their five-month-old babe, are unable to throw any light upon the mystery. The impression prevalls that the child was burled in a very shallow grave, from where it was unearthed by dogs, and dragged tho the home of Mr Hunter. An efficlent detective employed by county will be put to work on the case. had been inai developed the CHAMBERLAIN CASE AT BEATRICE Trial of Tecumseh Banker Comie Up April 19, BEATRICE, Neb.; April 6 —Special.y— The case of the state of Nebraska against €. M. Chamberiain, the ex-banker of Te- cumseh, has been set for by Judge Pemberton, Arguments i the Chamberlain cases were heard before Judge Pemberton. The state entered a motlon to quash the deposition of Clarence K. Cham- berlain, a brother of the ex-banker, taken before a notary in Chicago for the reason that the prosecution was net permitted to The court ruled that it he appears before the notary within ten days and submits to oral cross examin the be overruled, otherwise t wil 1be sustained. Wymore, charged with selling liguor with out a license, was arraigned and pleaded not guilly. He gave bond of 30" for his appearance in court witness on the motion of state will Godfrey Hulshizer the sum A Plomaine Fatal to Child. ALBION, Neb., April 1 6-year-old dau of Henry this ity ng of iliness of only child had spent Saturday her grandmother at Newman Grove and what the little girl had eaten bring upon her illness Is not known. Drs. Frink of Newman Grove and Thompson of Alblon called and effort j save the child was made 6.—(Spec! Richards, died sudden! ptomaine polsoning twelve The and Sunday with ~The a an hours, were every »ssible to Nebrasks News Notes. VA —Hagerman Tyson died at noon today, after a long illness, at an advanced age. KEARNEY—Clifton noted temperance lecturer, spoke Monday eveuing 1o a large audlence ui the opera house. This was the windup of the city campaign BEATRICE-Friends of Mrs gave her a surprise yesterday belng her @th birthday anmiversary. The Buests left a number of nice presents as remembrances of the occasion. ALBION—The first purchase of municipal bonds by the state was made April 3, when State Treasurer Brian bought heating and lighting and city hall bonds of the city of Alblon, aggregating the sum of $18,000. BEATRICE—At a meeling of the Board of Education last evening the report of H. Howard, the J. 8. Reed the occasion Buperintendent Bodwell hearing April 19 | « motion to quash | of | average attendance for the last year was 2125, the largest In the history of the city schools. BBATRICE—The cfty council met last night and granted & license to Mrs. A. H. Coon and her son, Leo. to operate a billiard and pool hall in the Paddock block. They recently took the management of the Pad- dock hotel. BEATRICE—A. 8. Parrish, the vetera railroad man who was injured a few day ago by falling from a chute at the coal house in the Burlington yards, is slowly improving, and the attending physician is of the opinion that he will recover, BE. RICE—-Word was received here yes- terday announcing the marriage of Ever- itt Gessell and Miss Regenia Pulver, fo mer residents of this eity, which took place at Lincoln Sunday afternoon. They will make their home in the capital city, where the groom is employed with Granger Bros. ALBION-A very substantial bullding boom Is now under way at Alblon, some of the larger oporations being. a city hall, a city gas plant, a telephone exchange. the remodellng on an extensive scale of the First National bank bullding and the large and modern residence of Robert Hutehison KEARNEY—E. J. Woolworth.a local reai estate man, had his hand badly torn and lacerated in an_alfalfa grinder, Saturday afterncon. Mr. Woolworth owns an aifalfa meal niil and while attempting to extract some material from the cogs on the side of the machine his hand caught. The amputation of two three fingers will be necessary. GUIDE ROCK-—A temperance rally wis held here Saturday and Sunday. Mrs, St ohn lectured Saturday evening adn Sun- day at the Baptist chureh and | at the opera house Sunday night. She met | with theWon Christian emperance union at Mrs. Frank Baile Saturday afternoon and at 2.3 Bunday afternoon there was a rally of the Sunday schools of the town GENEVA —The hody of Wi Burnett was brought home today for bur- lal. He dled vesterday at 5 p. m. at the vlum at Hastings where he had been for several years. A committee of Odd Fel- lows went up to bring the body home and the members of the I. O. O. F. have charge of arrangements. The funeral will { be tomorrow. BEATRICE resident pital or liam H. Miss Clara Smith, a former of Omaha, died at a local hos- last evening of Bright's disease, aged = cars. She was formerly employed as & teacher at the Feeble Minded institute here, and was working In a similar ca- pacity at South Canyon, Culo., when taken |1l and brought to Beatrice for treatment | The body will be taken to Omaha Wednes. day morning for interment, PLATTSMOUTH-In district eourt in | Aurora, Judge Corcoran fined Virgil Mc- Farland, a registered druggist, who was arrested two weeks ago on the charge of aving violated the provisions of the Slo. cumb law by the illegal sale of liquor in bhis drug store in Hordville, the sum of 8150 and costs. McFarland formerly resided In this city and was married to Miss Olga. & daughter of Mr. and Mrs, A. P. Camp- | beil Il ALLS CITY -James cDowell dropped | | dead at his home in the east part of this | city Sunday evening. Mr. McDowell had | been quite Wl in the d_com- | | plained of not dnesday | of last week. but was able to be down {town Baturday. Mr. McDowell was a re- t 1 farmer and was well known in this | city. He was one of the leading members | of ‘the iocal Grand Army of the Renublic | post. He would have been §1 years old this month. | KBARNEY-A contract has been let by | the Union Pacific Rellroad company to| N. C. Dunlap. manager of the Watson | | rarch, for parking the right-of-way 200 feet back from the track. This scason's work | will comprise a strip two miles long, ex- terding from the city outskirts to Watson's | tarch. Alfalfa will be sown and the road | W on the north side of the track will | | be changed to the south side. HARVARD—A district Sunday school ccuvention was held in this city yester- day It was well attended and much in- terest shown In the evening all the chur Joined in the service at (h-’[ Methodist ~ church, where interesting ad- | dresse were made by Rev. A. G. Fore- | man on Qualification of the Superin- tendent Dr. A. J. Jenison, “The Teacher, and Buperintendent A.' V. Clark on | “Temperance.” Following these addresses a et of resolutions was unanimously adopted asking Governor Shallenberger to sign the daylight saloon closing bill BEATRICE-A petition to have Pon winter and_b feeling well on W, “Frog school house moved from the line running between Gage and Pawnee ooun- ties back into Gage county, about one mile, was filed with Miss Anna Dey, county su- showed (hat tho|periniendent, yesterday. There was also | sentatives, | vears. a remonstrance filed to prevent the re- Mmoval of the school building, and to add to the complicated affair some of those Who signed the petition to have the school building removed have also placed their names on the remonstrance papers. The matter will be settled by Miss Day and County Superintendent Avery of Pawnee county. GRAND ISLAND-Five from the -musical™ department of fha Woman's club of Hastings gave & program here yesterday afternoon for the St. Ceellia soclety of this city and over 150 guests. The affair took place in Odd Fellows' hali and was made a prominent social event The vislting musiclans were: Mrs. A. E, Turner. soprano; Miss May Rees, violin: Miss Euenice Munson, plano; Miss Eliza. beth Slaker, accompanist, and Mrs. Rich- ard Yarndley, ‘cello. The hall was elab- prately decorated, and after the program light refreshments were served. The musi. cale was a_reciprocal one, four members of the St. Cecilla soclety having appeared In Hastings on a similar occasion, March 1o aThe clubs of Kearney and Grand ls- | teachers higher salaries on ‘an Sverags land gave an exchange in this way last| than any other city in the state ——— e Best Spring Tonic Doctors of All Schools Agree That the Best Tonic-Stimulant fo Build Up the System, Run Down and Weakened by the Long Strain of Winter, and to Drive Out Spring Fever and Malaria is Duffy’s Pure Malt Whiskey. As a tonic and stimulant it is the greatest strength-giver known to science, It destroys disease germs and by its building and healing properties restores tissues in a gradual healthy natural manner. It is a wonderful specific in the treatment and cure of consumption, pneumonia, grippe, bronchitis, coughs, colds, malaria, low fevers, stomach troubles, and all wasting, weakened dis- cased eased conditions, if taken in time, We take the liberty of publishing a few of the thousands ceived from leading doctors extollin invigorator year, and will do so this season, delegates from the latter place having aiready beéen to Iearney, the Kearney date in Grand Island occurring some time in May. GRAND ISLAND-The Board of Educa- tion at its meeting last night adopted rules for the examination and elimination from the public schools of all pupils and teach- ers afflicted with tuberculosis. The teacher 15 to report all cases to she medl iner; to"be appomted, of clironic o of other evidences of tubercu or of other contaglous diseases. Examinafion is then to be made and report made to the superintendent. 1t the pupil is found a flicted he will not be permitted to con- tinue his studles. The superintendent Is to make a similar report as to teachers. « The fees in the case of complete examina- tion, including microscopical examination of sputum, $3; report to parents or super- Intendent when examination is not nece sary, 50 cents; ordinary examination and report, §1. The school board recently made another increase in salaries and the Grand Island schools now boast of paying thelr representatives -y | of letters re- & the merits of this great Spring tonic and Effective Stimulant In a recent lettsr A. J. Park, A. M D., of 520 E. 50th St., Chicago, 111, wrote “L am too busy to write my opinfon, ex- perience and results of the ministration of Duffy's Pure Malt Whiskey to weak, feeble and debilitated patients, but will | repeat emphatically and pointedly, my | confidence in the purity and remedial ex-| In Duffy's Pure Malt Whiskey, T am of cellence of your Malt Whiskey. 1t is a[the opinion that you have am absolutely, firat-class and most effective stimulant, pure article that, for uniformity and es. and meets every indication where a stim- | fectiveness has no equal. T belleve it s ulant is needed.” used more generally by physiclans than Pioataibos i any other simflar preparation. K. M. Teigan, Ph. D. M th Ave. N, Minneapolis, Minn., wrote In a recent letter:—"During the last nine- teen years I have frequently, when alco- Has No Equal 1. Woomsey. Austin St, Worcester, Ma. wrote:—- “A stimulant is frequently required in the practice of every physiclan, in the treatment of patients with weakened con- stitutions. nervous troubles, during con- valescence, etc. M | Recently O, M. D, of 25 D., of 1120 Find It Absolutely Pare “It 1s only when I consider it necessary | that T prescribe stimulants for my pa- tients. 1 then order Duffy's Pure Malt holic stimulants have been- indicatcd, pre- | Whiskey which from experience, T think scribed Duffy's Pure Malt Whiskey for|1s absolutely pure.” J. Priestman, M. D, my patients because it agrees with them |3401 Vernon Ave., Chlcago, Iil. better than any other. Without solicl- = E tatlion from you, or any of your repre Prescribed It For Years permit me to say that 1 con-| “I have used Duffy's Pure Malt Whidkey Sider Dutfy's Pure Malt Whiskey the|in my practice for years, to oases requir- purest and vers Synthetic product | jng”y gentle: and sffective tontoethuclon.. and the results, in every insi nee, have on the market Only Pure Whise. been so gratifying apd uniform that P ¥ Pure Whisey have no hesitation In stating that as Lahave received the sample of Mait medicinal whiskey. 1 consider Drsbe Whiskey and belleve it to be the only |a class by “.‘..u)'.m, wor f;}‘ .i)'u‘.: Pure Whiskey I have sampled for many |claims made for it by thousands af neothne L pave been a victim of indiges-| physicians, who, 1lke myselt. feel thot cn Uon for 30 years, and find that T have re- |harm is done the profession (o commeny Seived jmore benefit from Duffy's Pure|where commendation fs due Voo nmend Malt Whiskey than all the other inediclan | odly deserve great credit for having miain: Lonave Ve Laken. I have taken a tea- |tained such a high standard for Duffs s aboonful after each meal, for eighteen|Pure Malt Whiskey, for o many »ears dayn und I can scarcely 'find languige |and for making it possible to obtain as ohaxprens he relf 1 have found while (absolutely pure medlcinal whiskey at suel 1078Y8 been taking it D. Bodifield, M. D., [a comparatively small expense’ & L. g 7 Archwood Ave., Cleveland, O. | Morasse, M. D.. Woonsocket, R. If you wish to keep young, strong and vigorous and have on your cheeks the glow of perfect health, take Duffy's Pure Malt Whiskey regularly, accord- ing to directions. It tones and strengthens the heart action and purifies the entire system, It is recognized as the world's leading medicine everywhere, CAUTION—When you ask your druggist, grocer or dealer for Duffy's Pure Malt Whiskey be sure you get the genuine. It's the only absolutely pur medicinal malt whiskey and is sold in sealed bottles only—never in bulk, Leook for the trade-mark, the “Old Chemist,” on the label and make sure the seal over the cork is unbroken. Price $1.00. Write Consulting Physician, Duffy Malt Whiskey Co., Rochester, N. Y., for a free illustrated medicinal booklet and free advice, best n