Omaha Daily Bee Newspaper, November 16, 1909, Page 3

UUNN GEIS SENTEME 100AY Omaha Lawyer Will Hear Penalty from Supreme Bench. SAYS HE MEANT NO DISRESPECT BEE: OMAHA, TUESDAY, ————S&UPREME (#ngp) ueeqq (Can ) poop Tells Judges He Was Tired When He | Weote Briet—City Attormey armam Explains for Him. (From a LINCOLN 3. Dunn, ase cited for co! was before that make his explan to appear at § k at which time justice taff Correspondent) Neb., Nov. 1 pecial )—1 tant city attorney of Omaha, of the supreme court ¥ this afternoon to d was notified e orrow morn be meted art dismissed the fon for com- tempt against City Attorney Burnam and Assistant City Attorney John R both f whom said they had nothing to do w the outlawed brief. The city ¥ was given fifteen days which new briefs which is of Rob! the case, the w mo uted at the present contempt case t has upen to irf, and the procesd- £s were very formal and dienified When court convened st 2 Justice Peess announced against Burnam and Rine missed and that if there was anything to be £ald by Mr. Dunn he would be given an epportunity at time to say it time, this o clock cltations had been dis- Dunn Explains to Court. Dunn promptly stood befors rt ‘and announced that had U say other than had been set forth his written auswer, which the court holds. The objectionable parts of the brief, ®ald, were 1ot to be taken as an ass n the presence of the court because brief had been written in Omaha while the court mot In session right and privilege of every cit every newspaper 10 criticise ev dectsion of & eourt. Then Mr. Dunn cited two orintons by Judge Sullivan and Judge Hol- comb, in which it was held that the pub- e has a right to critielse the official acts of any public servant Mr. Dunn then put on und said the brief had been hurriedly, probably a day being devoted to its dictation and it had been rushed to the printer and then to Lincoln. “1 meant no Aisrespec: to any member of the” court “and had @ifferent bave whieh tions."™ “Members of the bar are officers of the court,” sald Judge Barnes, “and a different rule applies to lawyers than applies to in- dividuals.” Burnam Helps Dunn Out. At the conciusion of the Dunn speech Mr court: “Mr. Dunn mesnt no disrespect to this court or to any member of it” said Mr Burnam. ‘7 have known Mr. Dunn for & number of years and he is a good lawyer and & good citizen and a gentieman. He is & vigorous lawyer and when the case was decided zgainst his client bé was naturally very much disappointed. He has begn very busy and there wes little time for the preparation of the brief. In fact, it was #ent to the printer a page at & time. I am sure had Mr. Dunn had the time to read it over carefully the objectionable parts would never have been left im“it “Is 1t the custom, Mr Burnam Chiet Justice Reese, “where practice law for the Josix side ke an attack on the judge who renders the o ‘No, Indeed, it answered Mr. Burnam, “and 1 am sure M n no dQisrespect. He is sim; lawyer and his time was so unable to read over the brief it had been dictated.” “The decision will be announced at’§ o'clock in the morning.” said Chie! Jus- tice Reese. “Court will take a rece: .- Several men and women were atiracted to the court room to hear the case and paid close atiention 10 the detalis to he zen and the soft ped: prepared very to the brief been prepared under cireumstances 1 probably would eliminated some of the gs to the court I presume, took excep- said you is not eant vigorous 4 he was arefully after PLAN TO REVIVE INTERURBAN @wners of Omaha and Nebraska Cen. tral Lime HASTINGS, b. ov. 35 —(Sosclal)— It is reported Bere that the men who re- Omaha & Nebraska Central 7 song—something less than $200—are plan- ning to revive the enterprise. W. H. Fuller of this city, who was chief engineer of the original project, has been in confer- ence with the owners for several days and together they have covered most of the proposed route between Omaha and Has- tings. Carsen Hildreth has written Mayor Miles that he wili be here Thursday to confer vith the Commercial club relative to the possible extension of the Garden City- Stockion raifread in Kansas to ilfidreth and Hastings in Nebraska He has been working with the builders of the lne, that it is the his court or | he said Burnam claimed the attention of the | ne . Box Butte Bord Brown ... Buffale Burt Butler Cass Frontier . Furnas Gage Garfield Gosper Grant Greeley Hall Ham Harl Hayes Hitcheoek Holt Hooker Howard Jefterson Keya Paha ... Kimball Knox Lancaster Lineoln ..... Logan Loup ik McPherson srrick Nuckolls Otoe Pawnee Perkins Phelps Plerce .. P Polk Red Willow Ricbardson Rock Saline Sarpy | | Saunders ... Scotts Bluff . Sewara . Sheridan | Sherman JUDGES—— > = (Cwiaep) ddwisg Cdnp) v Cdoap) NopmIpay (o) 1sommg E- Cdayy) asowr ¥ Enild¥ BUcKE gaull Pt i ssiap Hgedy @ “83 28 ain @ A9E PHE; s38ug uil2ss ¥4 A%E NIVERSITY REGENTS —REGENTS— VACANCY g - (dog) 9100 ') Jung ( Aoy o1 (‘008) Jommom (#ng) PUQMIN 1 14 (D08) 19 koutiaUOH e " Buasy S.NE2 S288M guy S8 2.8 ERuE Hgang H.UES BINEY Eaxhiz su Bw RULURY b neNE sy 2 28us% r‘ FES Sol,2 ASEN. oBa¥s pusds woauz e 1 # uide ¥ 285y RREM, o0 2350 8 GEE I Hex azs 1 AMASA HeBun INAT. L2858 -1 F 2328, ua PLET 38 HEE BEEEA o8 =3 slizfs He 2lngs %ed HEsUY BYERE 8 shuza Haz BRRERR BaBRY gszan B3ELs Av.s. HA Euling 8.23% pgegh ali Bndagl Re890 apeay Total vote. 307002 * Morrill county sent no total vo! g grengy BoREE Shzap RAHMN 2UHN. HTYN. S¥SER «Hesz o §| danugs sullis 3 TR W 7Y he says, and expects to be able to per- suade them to make Hastings the ter- minal Improvements at Allianee. ALLIANCE, Neb., Nov. 15.—(Special)—A deal was put through yesterday wherein C. A. Newberry, one of the biggest whole- sale and retail hardware merchants in the state, purchased the old Rumer corner, at Butte avenue and Dakota street, in this city, for §10,000, and as econ as the present lesseholders vacate will begin the erection f a four-story building that will cost about 340.000. This will be used as his retail store and will give him one of the most prom- irent corner in the city. The new ware- shouse just compieted by Mr. Newberry is a three-story building and is patterned after the latest structures of its kind in Lincoln and Omaha, and will be used for the heavier hardvare material exclusivel This, together with the recent completion of the Rumer bullding, and the new sewer- age system well under way, closed a year of building activity that has been remark- able, and the prospect for the n ear is certainly better than ever before. | May Interfere with Power Canal. BURWELL, Neb. Nov. 15—(Special)— The Burwell Canal and Power company, an Omaba corporation, owns an irrigation ditch ten and a half miles long, which will |irrigate 9500 acres of land on the south side of the North Loup river at Burwel They now have the rights to 30 cubic feet | of water per second and will take the water out of the North Loup river some four miles above where ¥. M. Currie proposes to ap- Post Toasties Immensely Liked Fags. 10c @ loc by Children A crisp, golden-brown food made of seleet, per- feetly matured white eorn. Can be served right from the package. With eream or fruits a comforting treat— “The Memory Lingers” propriate water for generating electric power for power purposes. Interesting de- | velopments in this matter are expected. Aable ven Five Years. REPUBLICAN CITY, Neb, Nov. 15— | (Spectal )—In the district court of Harlan county, held In Alma, Regnal Asble was found guilty of stealing merchandise of T. M Logan of this city. Asble took the &00ds from the store while he was clerking for Logan and stored them at his farm Dertheast of town. Later & search was made and the goods found and recovered. Aable was arrested and put under bonds | to appear in the district court. The bond was §2.00. Judge Dungan gave him a sen- tence of five years in the state penitentiary. | Complaint Against Chamberlain. BEATRICE, Nov. 15 —(Spectal Telegram.) —County Attorney McGirr today filed a |compiaint against Frank Chamberlain, charging him with shooting Miss Mae Aus- |tin, whe was weunded last Thursday, with |Intent to commit murder. He will probably be arraigned tomorrow. Miss Austin is not out of danger. Diverce for Mrs., Lombard. BEATRICE, Neb., Nov. 1i—(Special)— Judge Pemberton gave his decision in the Lombard divorce case today, glivng Mrs, Lombard a decree and the custody of their four children with alimony for their sup- |port. The Lombards reside at Wymore. The case will probably be appealed Nebraska News Notes. REPUBLICAN CITY—A. A. Maley has S0id_ his entire stock of merchandise to W H. Scott of Blythedale, Mo. Mr. Scott has taken full charge of the stock. | REPUBLICAN CITY—Georgs Hayes and {Mrs Millie Scoles of this city were mar- ried by County Judge Losey of Blooming- ton at his office last week They left for Denver the same night REPUBLICAN CITY—Thomas of Lincoin, sttorney league, spoke to Methodist Episcopal on law enforcement. REPUBLICAN CITY—The early of fall wheat in Harlan county couid be expected. Th affords abundant pes: of stock. Never in the history Joountry did this crop look more promis- ing. The acreage is aiso large. TECUMSEH—County Superintendent H. Carman has announced program for the boys' and g E dustrial centest, to id in Tecumsel on Saturday, Novem LS. Herron ed Nebraska Lincoln, and Miss Myrtle Kauff food for Farmers exnibits. EDGAR—A bheayy snow storm here Friday morning and continued P m., when it changed to rain and it Unued raining all night and all day urday, finishiing up dayx night snow, and this morning the gr covered with an inch of snow. The total precipitation amounted to nearly two and Gne-nalf inches. ALLIANCE—The Knights {of this city are prep- arations for their big class initiation and banquet, which will be held here Dece: ber 15 This makes the seventh simil event of its kind and each one seems surpass its predecessor. It is expected that there will be an attendance here at this time of 30 visitors. EDGAR—The 5t Joseph & Grand Isiand railr~ed is being gravel-ballasted, iaid with Dew ties and heavy steel rails. The con- week is ready now for put the tes and ralis. This work is done Darnell for the Anti-Saloon arge audience in the chureh iast evening sowing is all thai M began of C making elabors lumbus T | ideas about the growing, eare and markat- ing of crops and live stock produced on the farm, promises to be one of the important | events of the fall, for many of the farmers {from the surrounding country will be in attendance. COLUMBUS—L C. Garber of Peorla, Il who submitted & proposition to the Com- mereial club of this city to establish a steel tank factery in Columbus, was here Sunday to look over the various sites of- |fered for the factary. He is well pleased With the city, and there is every prospect that & suitable site will be provided. Fur- ther negotiations will be taken up, and it is probable that & site will be decided on_the present week. COLUMBUS—The first week of the No- vember term or ‘district court ended Sat- urday. with the Beckwith larceny case in the jury’s hands. The other cases of the | week were the state against rler _and Fiynn for stabbing Louis Nordl Tyler. who did the cutting, pleaded guilty to as- | sault with intent to murder, but Flynn $tood trial, and the jury brought in & ver- dict of assault with intent to do great bodily injury. These twe prisoners will be sentenced this week. The Nicodemius case. in which he was char with = crime against his 1f-year-old dsughter was the second criminal case and the jury returned a vendict of mot guilty. TABLE ROCK—The matter of deciding what is to be Mcluded in the dratmage dis- trict, along the Nemaha river. in Pawnse county, has finally been settied in the district court, at Pawnee City, when the boundaries were made to Include all lands, subject to overflow, frem the Nemaha river in Pawnee county. Thoss who are pushing the matter may now proceed to organize a drainage district so that the work of ditching may now be actually commenced next summer. To this end. public notice has just been given of | & meeting to be held af 1 o'cloek. Friday, December 3, 180, in the epera house In | Table Rock. when the land holders of the drainage district may sssemble and elect 8 Board of Supervisors for Drainage Dis- trict No. 1 of Pawnee county, DOANE - BELLEVUE | Champlonship of College Teams to be Settled Then. CRETE, Neb. Nov. Iis—Special )—The game that will decide the championship in the intercollegiate league will take place Dext Saturday afternoon at Bellevue be- tween Doane and Bellevue. Dosne s planning to serd a large number of root- TS to help the team win a decisive victory. 0 one can predict the result. The teams ly matched either team has lost & game Nebrasks intercollegiate series. Doane beaten Kearney. Peru and Grand Island and hau tied Wesleyan and had a drawn gime with Hastings. Bellevue has had tie Eames with Hastings and Wesleyan, while Hastings and Wesieyan have not lost any games it is evident that the champions must be either Bellevue or Deane by com- parative scores, provided the game does e in & tie. Doane beat Pern 17 to 0. while Wesleyan only tied Peru. If Doane can beat Believue it will again be superior to Wesleyan. as fhat school simply tied Bellevue. The same line of argument s trus against Hastings. On the other hand if Bellevue beats Doane it will have advantage over Wesleyan that eould o tie Doane, and also over Hastings that has not equalied Doane's record The Doane team was wet to the skin in Friday's same. but no sickness has re- sulted and except that Captain Hartwell is not quite so fast as formerly, owing to the Great | Nebraska |Grand Jury Law | Defective Since ‘ Demos Amend Nebraska Judge Discovers Body Must be Called Together at One Spe- cific Time. (From a Staff Correspondent) LINCOLN, Nov. 1i—(Special)—The dictment of any person by a grand jury called in Nebraska at this time or at any [time since the first regular term of the | | | { [ | aistrict court following the adjournment of | the late legislature may be seriously ques- tioned In the courts This state of af- fairs due to the action of the late democ: c legislature in amending the law providing for calling grand juri and very likely there can be no more grand juries called legally in Nebraska under the present law. The amended law reads as follows: | “Section 1 grand jury). Uniless other- ‘IllQ ordersd writing by the court of a | judge thereof. a grand jury shall be drawn andand mmoned in the manner pro- | vided by law, on the first day of the first | regular term of the district court of each |county 1 nthe state.” This section repealed section §8 o fthe eriminal code of Nebraska, which provided a'judge of the district court could call a grand jury at any time The firet day of the first regular term of court been interpreted to mesn by lawyers the first day of the first regular term of court foliowing the djournment |of the legisiature, d these wyers hold that imasmuch as eriminal tutes are | usually eld by the court to mean what they say literally, it s doubtful if an- |other grand fury can be calied under the present law In fact, the mater has already been put up to one district judge In a county where there was a murder committed, and he has discovered that he has no legal right to call the grand jury, and unofficially he is of the opinion the time has passed when tht county can have & grand jury, he baving failed to call one on the first da: of the first regular term. The bill providing for the amendment was Introduced by Representative Wilson of Polk county. Results of Religions Enumeratio Are Not Yet Ready to Made Public. Members of the Ministerial union, in ses- slon at the Young Men's Christian as- sociation, heard the report of the censu takers in the religious canvass just com- pleted in the city. Rev. E. E. Hosman, pastor of the Walnut Methodist church made the report and announced that cards were ready for distribution among the churches giving information about church attendance. All information has been carefully col- lated. No attempt, however, has been made to devise a table showing the status of religious work in the city, or give out ave been filled out giving information about singls persons. These have been allotted to the churches according to the | territory covered by them. They have been indexed and will serve as & ready reference for pastors in looking up certain individ- usie. L. T. Cressman, director of religious work the Young Men's Christian association, |read a paper on “Religious Education in |the Churches.” About 100 men were in attendance at the meeting BOY HAS FOLKS SOMEWHERE | Little Plekaninny Tell Judge Where Any of Them is, Though. the Everett King. a colored boy of 11 years who has been living a hand-to-mouth ex- istenoz, finally fell into the hands of offi- cers of the juvenile court, who forthwith took him before Judge Estelle enterprise in the v of Illinois Cen- tral coal! cars was his real undoing and led to his being sent to Kearney Before imposing sentence Judge Estell quiszed the lad about his parents The boy seid his father was in Omaha, but he |@id nmot know just where and he thought his mother was somewhere in Iowa. “Have you any other relatives? asked | the court. | “Tve got an uncle,” replied the urchin. “Where is he? “Somewhere above X answered the 1ad vaguely. They Their Cost Invelved in & Case Before Interstate Com- meree Commission. Boston baked beans in Omaha and their cost in placing them upon the table are involved indirectly in a case to be tried | before”a represemtative of the Interstate | Commerce commission in this city Tues- {@ay. Three wholesale grocer firms—Allen Bros., the Paxton & Gallagher Co. and the MecCord-Brady Co.—are after the raliroads for rebates California beans are mow shipped into Omaka at a cost of T5 cents per 100 pounds. For three months during the year 1908 the ratiroads had a higher tariff in effect, | amounting to & cents. When the rate was lowered the whoiesale grocers set about te recover the excess charged them during the ninety day CENSUS TOTALS ARE TARDY | any totals to the public. Individual cards | Too much | - FIREMAN W BAKED BEANS GET A HEARING| HALF MINUTE STORE TALK No doudt, you've often passed Store.” and given us full credit stop to think it is the pe makes & store great? We o adding greatness by rons, but it i& your patronage, your that really makes this & great store— are playing in bu Yeous M 14 | | NEY n- | The best store | in town to buy ' Underwear | dur dox side having everything satisfactory r and sald to vourself—. g it s0. But—aid you ever rather ‘than those inside that found a grea store and assist in to_our pat- good will and t your friends —accept our thanks for the part you Great ak lding a great store B2<x OX D EMAND Because we sell only first-class merchan- dise (no “seconds”) and you as low as most stores sell * e price it to seconds” of the same grade; aiso, we have it in a variety of dimensions which we fit to men of various builds; we're “underwear fitters.” carefully in fact, Heavy Fleeced Shirts and Drawers, 50c garment. Heavy Wool Shirts and Drawers, $1.00 up to $3.00. Guaranteed not to shrink Perfect Fitting Union Suits, and up. $1.00 And a vast assortment of mercerized cot- tons, pure worsteds, all wools and silks —priced gradually up to $20.00; also, we're Omaha agents Linen Health Underwear. for Schlichten Boy Begs Money to Bury Fathcri :Eight Times He Inters “Poor 0ld| Dad” Under the Name of Smith. | Frank Blank is a slippery slip of a lad according to evidence brought out in ju- venile court. Onee Mogy Bernstein went to the Blank home after the boy and the fugitive ran upstairs. Waiting until Bernstein had en- tered the fromt room in pursuit, the Blank boy jumped ligh out the window. Another time two Omaha detectives went |after him and then August nk, the father, is said to have aided the boy to escape. | He was in court because he is charged with having found an easier way to get| | money than by working for it. His spe- | cinlty 1s & subscription paper to “help pay the funeral expenses for my poor old tather.” ! “He's buried you eight times under the name of Smith” said Judge Estelle to the boy's father. “So I understand.” The case went over. WHITE HEARING WEDNESDAY Is Alleged to Have Cashed Paper and Skipped—Lawless s Put | Under Charge. The examination of John Whits, charged lwith grand larceny, has been set for Wednesday morning. White, it is alleged by John Achatz, misappropriated 3% In checks given him to cash. He left town, but was arrested upon hie retu Tom Lawless, onme of ex-convicts taken in Saturday's raid on a Websier sirest house, has been formally charged with breaking into, entering and robbing he home of Chris Marks on November & ing goods to the value of §IS. The hearing of Spencer Williams, charged with robbery, has been set for Tuesday morning. | | said Blank pere. the ELSH IS INJURED to Pavement in Cel- Car Which Was Thrown 1 with Strect Hit Chief Simpso: Rig. | William Welsh, driver for First Assistant Fire Chief Simpson, is confined to his bed as the result of injuries sustained when | their rig was struck by a southbound street car at Thirteenth and Jackson sweets Fri day night, while they were responding to | a fire at the plant of the Omahs Asphalt company. The car collided with the light rig. tearing one of the wheeis off and throwing both Weish and Chief Simpson heavily to the pavement. The chief was more or less bruised. but after carry'ng Welsh into a drug store, was able to pro- ceed to the fire. It will be several dayw before Weish is able to resume his duties HOLDREGE INSPECTS THE LINE Gemeral Manager Burlington s Satisfied with Progress of the New Work. George W. Holdrege of Omaba, general manager of the Burlington route, and Daniel Willard of Chicago, vice president, in charge of operation over the same lines, have completed a week's tour of the lines west of the river. Mr. Holdrege reashed Omaha Monday and Mr. Willard has gone on to Chicago by way of St Joseph and | Kansas City. Mr. Holdrege reports satisfactory prog- ress on all improvements on the Burling- ton system In regard to the proposed new freight house, il Omahs t.be grected between Jackson and Farsam _streets near the river, be says that plans ape now being made to begin work in the spring, when §800,000 wili be expended on the new house. 1ike Chamverain’'s It is pleasant to take Children Remedy. Cougn Hastings Does Not Give Up. HASTIN Neb. Nov. 15.—(Special )— Members of the Hastings college foot ball team say the report that Hastings pro- sed abandoning the second half of the Hastings-Doane game in Crets Friday could not pe bly have come from anyonme ia authority at Doane. They insist that tings would have had the advantage of the wind in the sscond haif and that aside from the minor injury of a ocouple of 3} all conditions were favorable for he Presbyterian m. Hastings is now bending all efforts i preparation for the Peru game here on Thank: ing. Of the five games played hus far Hastings has won two and tied he others. Indoor Base Ball Leagus. HASTINGS, Neb., Nov. IS.—(Special)— An indoor base ball league will be started here at Young Men's Christian assocla- tion tomorrow pight. All start city teams will be organized for the state basket ball and indoor base ball leagues. t t Bee Want Ads are Business Boosters. INDIGESTION, GAS | Relief in five minutes awaits every Stomach sufferer here. Nothing will remain undigested or sour in your stomach If you will take a little | Diapepsin occastonally. This powerful digestive and antacid, though as harmless and pieasant as candy, will digest and prepare for assimilation into the blood all the food you can est. Eat what your stomach craves, without the slightest fear of Indigestion or that you will be bothered with sour risings, Beiching, Gas on Stomach, Heartburn Headaches from stomach, Nausea, Bad Breath, Water Brash or a feeling like you | had swallowed & lump of lead, or amnl disagreeable miseries. Should you be suf- fering now from any stomach disorder 'AND HEARTBURN GO you can get relief within five minutes. 1f you will get from your pharmacist 50-cent case of Pape's Diapepsin you could always go to the table with & hearty sppetite, and your meals would taste good, because you would know there would be no Indigestion or Sleepless nights or Headache or Stomach misery all the next day; and, besides, you would not need lax- atives or liver pills to keep your stomach and bowels clean and fresh. Pape's Diapepsin can be obtained from your druggist, and contains more tham sufficient to thoroughly cure the worst case of Indigestion or Dyspepsia. There is nothing better for Gas on the Stomach or sour odors from the stomach or te cure a Stomach Headache You couldn't keep & handier or mere useful article in the house.—Adv. & lame foot. the team is in prime condition u‘;gh-u‘} play to win. e Uneup will probably be about the seme a8 in the Hastings game. as it is about settled who are Doane's varsity Dlayers I'n‘\lo Practice this week will be © keep the men in hting trim, but proteet them from AMQ{ e |to accommodate the heavy raffic of the | Union Pacific that will use this lne for a shorier and more direct line from St Louls, Kansas City and S5t Joseph to the west>rn | coast. ALLIANCE — The Farmers' institute, which will be heid here on November 13 and 3 and which s beld under the suspices of the State university. for the \Durpose of havina (he farmer wst naw WASHBURN- -CROSBYS | GoLD MEDAL FLOUR TOR DEC JAN FEB ] I [0)% > APR MAY JULY AUG UNE SEFT AND ? MBER