Omaha Daily Bee Newspaper, December 11, 1909, Page 13

POPULAR NEW NOVELS 4% out of brown sugar, hew In young hearts, how 10 make romantic exciiement oot hese are secrety poss "-%-iu cent by Jacques rone. §1.00. HERBERT QUICK of “"Dowbie Trowdie" Quick has deized a romantic moment l- the airship novel Goor® Gt and keep the sonligh Tliwsireted by ANDRE CASTAIANE. 81.80 A BOOK OF THE BEE: By MARY ROBERTS RINEHART, Author of ' The Circular Staircase.’ WHEN A MAN MARRIES ‘The most frolicsome, humorous, witt by the author of “The Circular ingenious and puzalin taircase et produced wer Ten.” fi nuval and “The Just rapid-five delight. More than fifty plotures by MARRISON FISHER By ANDRE CASTAIGNE, the Famous Artist The Great Nowsl of the Vamdewilie Stage. “The Bill-Toppers A master. villy world, final a8 illy colored pictare. 11 1s & gale of & ook, st s10d it Gty Bow o Aothar. Jushet ploters fn o o s el by Baemovn s, $100 first_complete and Anthor of The Missireippi Bubbie’* 54-40 or Fight Qut of the anoeration of Oregen and Texas, " (et times. In the wation's Aory of o e men o the s tor e—nsd SWEETHEARTS Radiant with the loveliness of beautiful women, fragrant as a rose in its bloom, “A lnok of Sweethearts”” makes the perfect ch the work of an_ artist whose &mdm Chrisgy, Will woed, Lester Ralph. irls” ift book. Grefé, Harrison Fisher, Each pieture is a B imax of eh;m and color. d " have made bim wu) . Graham e 5. 76, Lavishly decorated ; ““ Printed in full evler. 11212 lnshes—lu » box, £2. W PIOTURES. FAMOUS LOVI SO“O;—OLD AND NEW oiyes to lovers of many cture, *LOVE'S Y)UNG DREA! eratisas, from k to Me Only derwend, the most popular American revinbing 12K bohsty, warth sadsetar |- Brs, with + busutitel ave ley sover, cloth, b o box, 5300 “OOMIN' THRO' THE RYE." Ench velume is itlustrated by six pictares in color by Mr. ONDERWDOS, Harrison Fish er's AMERICAN BEAUTIES Twenty-one perfect American Beauties lrtlltlcllly wranged in a golden vase. _cmn Beautifu! in drawin, eal, these types of mw at the very top of his artistic may well be called the Gift of Gifts. exquisite in Mr. Fisher's new and only ution to this year's Christmas festivities. color, fascinating in This book merican womanhood disclose career. -Pictures in Calor by HARRISON FISHER By L. FRANK BA THE SONGS OF FATHER GOOSE| .. For the Kindergarten, the Nursery and the Home. Verse by L. FRANK BAUM FR Mosi Pictures by W. W. DENSLO by THE WIZARD O Quarto, boards, §1.25. 1 laches, jacket in full eolor and gald, cloth, bexed, $3.00 ontains e . ALBERTA N, HALL. & RUNAWAY & F CZ The most popular book for children published in the last ten years. Pictures in color by DENSLOW. A NEW STRANG BOOK HUMPHREY BOLD nture in the istand of ‘waging war on the F: cloth, $1.25 Dutch William and Queen Ilustrated by W. H. MARGETSON. $1.80 INDIANAPOLIS ' INDIANA Stuart Thomy B T nlMM rom & thewsand ith which this marerial is Tram over o cover therou iy antertain valuable and up-to-dat 0 Chis Norice.—Books in this list are for sale at all bookstores, or sent postpaid to any address by the i |n’..m o s siresdy gre new velume, i and MAYO Partin Color. $1.1 ®y GEORGE RANDOLPH CHESTER Anthor of *The Making of Bobby Burnit” The ca h Intrigue By GEIROE RARDOLPH CWESTER Awthor of “The Cash Intrigns.” The Making of Bobby Burnit oare commgorte s oy sais The romance of Akiegeahe | had a diom dad what hap- pened to bby was a plenty NEW GIFT BOOKS THE CHRISTY-RI AN OLD SWEETHEART OF MINE ostrated fu slors by NOWATD CAANDLER CERISTY | Oloth, bexed, 32.00 OMAHA, SATURDAY, DECEMBER 1 By MARIA THOMPSON DAVIESS Miss Selina Lue The heartcarcher is out again. You might Seline Lue. S enerai neighborhoed man 2 delighiTolly funny cha: astrsed by PAOL 4 MEVUN._ 9100 By ELEANOR M. INGRAM THE GAME anp Tie CANDLE The hero i+ & young American, whe, to save his family from pverty, deiiberately eom elo The w his capture, his imprisonment, hiv by a R Grasd D ‘she is & very real aring than irs pre Testrated by P, B, JNRSOR. $1.50 oy recseme . dents of its plot the wreek of tha int, the pure the' splendid climax—th sy & thrilling_enough fo take your breath away. esroted by NERMAN PFEVER. 3150 manh LEY BOOKS OUT TO OLD AUNT MARY'S Wesirated in colars by NOWARD CHANDLER CHRISTY Oleth, bezed, 82.00 HOME AGAIN WITH ME Mustrated in solors by HOWARD OMANDLER OHRISTY. Cloth, boxed, $2.00 RILEY SONGS OF SUMMER RILEY CHILD-RHYMES RILEY SONGS O Each illustrated with Hoosier pictures by Will illustrated with over fifty studies from life by W. Jam THE DEER-CREEK GIFT EDITIONS RILEY LOVE.LYRICS RILEY FARM - RHYMES except Love-Lyrics, " which is Dyer. Each, 12mo, cloth, $1.25. CHEER Vawter, B. s Whitcomb Rile; OLD SCHOOL-DAY ROMANCES From this it it is o a sub; asy to imagine d of poem that Rile ject, it ever th homely, humoro ed places; the lttle 1r the little oys that filed the heart compleiely, these are here glorified wi A collection of Riley o " popuicr classic Ciaxoies G aught the spirit of Mr, by BOOKS FOR CHILDREN By JAMES WHITCOMB RILEY Lo d mnm," “Christine's Son THE STORY 07 LIVE DOLLS MORE ABOUT LIVE DOLLS THE STORY OF THE LOST DOLL THE LIVE DOLLS' PLAY BAYS THE Each illostrated by By JAm interpretation of this charac- th the goiden light of Riley's word- rfulgeniui 7EARL STETS0N CRAWFSR. LEY ROSES famous poems of the queen of flowers, Including D FASHIONED Rosks, illustrated by HowARD Bl of these drawings are ! thelr conception and <xecat Rilry FRANKLIN SOOTH. u-mh-m.-m.uu mpositions, not sirgle "l THE FAMOUS DOLL BOOKS By JOSEPHINE SCRIBNER GATES THE STORY OF THE TNREE DOLLS THE LIVE DOLLS' HOUSE PERTY THE LIVE DOLLS’ BUSY DAYS UTTLE RED, WHITE AND BLUE APRIL FOOL DRLL (Wew) VITGINIA KTEP, Quarts, eloth, $1.25 ES OLIVER CURWOOD THE WOLF HUNTERS p-fires and unendy ng_ex entures are frequently ways abserbing, never unwholesome, and ther wonderful et n Vilde, mave Up an unusually fine boys' s Onee mare Mr. in remarkable at once for the amasing amoust of o en by years of observation. el htyle by which it 1t rendered s not only the most authoritaiive, publishers on receipt of price. y. THE GOLD HUNTERS arwood's boy readars find them. ‘anadian wildernass ~ Old €-1ends —~Wabigoon, weky white boy'wl the birch bark 34 UNION SQUARE NEW YORK INSURANCE PATROL NEEDED " e Water Damage in Sprinkler System Oalls Attention to Necessity. CANDY FACTORY SUSTAINS LOSS Storage Room i 7~aded and Tire De- partment Comes to Rescue— Vill Not Stop Operatic=s—~Cam- pen Proposes Flam, _'A break in the automatio sprinkler sys- tem of the empty bullding. at 128 Howard caused some little trouble to the D, J. O'Brien Candy company by flooding the Dbasement early Friday morning. The leak was quickly dlscovered and the city on- Bineer's department and Chief Salter put men at work pumping out water which ran into the' O'Brien hasement. The fiooded is used for, padking and storage only @#nd the ‘accident will not Interfere with the regdlar work of, thie O'Brien tactory. By noon today everything was in shape again. The Root Printing company, ad- folning, suffered to a very small extent. This ent, on the heels of several similar habpenings within a year, has servad to, again mart an agitation for a salvage gorps .In Omahe sueh as every large city maintains, Assistant City En- gineer Campen Is one man who insists that Qmana should have a fire Insurance patrol, as the corps is technically known, where established. “Why we have not got a salvage corps in Omaha {s something I cannot under- stand,” sald Mr. Campen. “Here s a large and steady growth of busingss in- stitutions, nearly all equipped with sprink- ler systems, and every one of the bulld. Ings carrylng a grest many thousand feet of pipes filled with water. In case of ac- cident, the fire department and the city sewer department are the only recourse, and their help comes In after the great damage Is done. “An insurance patrol ‘1 equipped with big. heavy tarpaulins, and is at instant call night or day. In any eity where the sys- tem has been tried’ it has sayed a large amoéunt of money every year.. The exist- Ing corps are maintdined, as I understand It ‘by assessments gn the Insurance com- |panies, and in most cases the underwrit- assoclatiqus have organised the corps. If the couflell will permit us to place a emall extra amount in the annval estimate for this department next month we will providé sleeping accommodations for five men at the city asphalt repair plant and keep that number of men thire every night to answer just such calls as that |from the O'Brien factory. Quiek action in these cases, which are liable to ocour &t any moment, will mean a great saving of money and time. After a basement or a whole bullding 15 flooded it requires hard work and a great deal of time to pump out the water. A salvage corps would be om the ground In a Jiffy and with thelr tar- pavling would save all perishable property from being damaged to anything like the Special Sale Drugs, Toilet Articles, Perfumes a Our stores are filled with thousan mas presents—inspection invited—We have served promptly during the busy Christmas: PATENT MEDICINES AT OUT PRICES, $1 Dr. Cooper's Discovery . 189¢ Rexall Cherry Juice Cough Byrnp. at 26¢, 45¢ and ceree, 89 $1 Zemo Eczema cure . 9 7 Blaters Hair Grower . .46c $1.00 Squibs Blmplrllll we'es Glycothymoline 26¢, 45¢ and 89¢ Rexall Dyspepsia Tablets 25¢c, 45 & 8%¢ $1 Peru for . 89¢ Lambert's Listerine, Hc. tse and §9¢ |~ #1 Wine Cardui, for - 89¢ B d R9¢ . .50c and §9¢ Vinol, the great lonlc.‘ always . .$1.00 Btors Malt, dos. ., . $1.60 ‘l Plerce's Favorite Prescription, §9¢ les . . .~10c and 25c Btuart's bsia Tablets 45c and 39¢ ”.ul us for the new things in our . “Ihé famous Rexall Remedies Sherman & McConnell Corner 16th and Dodge Sts. Owl Drug Co., | 60¢ bottle Bay Rum, for ...., nd Sundries ds of articles making acceptable Christ- plenty of help and all will bo Season. { TOILET ARTICLES FOR MEN AND WOMEN, AT CUT PRICES. 26c Holmes' Frostilla ... .. 14e Rexall Bhaving Lotien ..25c and f#5e 26¢ $1.50 Oriental Cream, for ,, .89¢ Beautiful Line Hair Brushes, at, each, now crrevaeiBOC to $5.00 lsc Mennen's Borated or Violet Tal- cum Powder EET R TES { T 25¢ Packer's Tar S0ap .. ........1d¢ 60c Pinaud's Comtesse Powder . .28¢ Pretly Manicure Sets for ehildren 19¢ 60¢ Hind's Honey and Almond Cream, . 29¢ Fine Sachet Powder, a dosen kinds 26c Tetlow's Swansdown ............11¢ Special Sale Razor Btrops 26e to $3.00 are sold in our stores only, Drug Co. Gor. 16th and Hamsy Streets extent It is at present, and it operates as| efficiently at fires as at floods in' build- ings." Burbank Peach Reflects Credit on Nebraskan Miss Rachel Burbank of Kearney Wins Golden Opinions at Corn Show. degres of Interest among the masculine visitors at the domestic sclence depart- ment of the corn show. This Burbank product was, however, not grown in Call- fornia, but in Nebraska. *“The Burbank peach’ is the kindly nick- name which has been attached to Miss Rachel Burbank of Kearney, Neb., a rela: tive of the great Luther Burbank, the wia- ard of fruits and flowers of Santa Rosa, California. TLis Miss Burbank is one of the most faithful of the students of the domestic sclence department. For two terms she has been making an exhaustive study of the construction of salads under the di- reotion of Miss Jessica Besack, the head of the domestic science work at the corn exposition. “I just love to make those pretty, fuzzy |xrnn salads,” she bubbled enthusiastically ‘They are so much nicer than cooking messy things—they seem to have so much of fresh, growing nature in them.” “Then you're not the Luther Burbank \ol pancakes?” queried a teasing: visitor. 0, I'm not.. I don't like pancake |She snapped, pouting most delicioualy Then the pretty salad specialist went back to her work table in high dudgeon. ——— . Dlamonds—FRENZER—15th and Dodge TWO DRINKS OF BEER START CHAUFFEUR ON FATAL JOY RIDE| | Seventeen-Year-Old Boy Kills Man | in Reckless Drive at St. Louts. ST. LOUIS, Mo, Dee. 10.—Two drinks of beer, the first In his experience, started Il Howard, a 17-year-old chauffeur, | Utn & wild “joy. ride” last night that | ended in the death of a pedestrian and the arrest of Howard and three companions early tod “That's what a kid gets for drinking," sald Howard in his cell. Two women and a wan were with the boy in the automobile. Howard sald that when he drank the tWo glasses of beer last night he wanted to “have & big time.” 8o he took his em- ployer's machine from a. garage at 406 North Twelfth street. Then reckiess of speed or safety, he drove the big tourihg car over the boulevards of the west-end and back to the business dis- trict, At Ninth' and Market streets, Dennis Shert, 260 Clark avenue, falled to dodge the flying machine. It struck him squasely and killed him instantly. — Dresses Saturday. The Pafyjsn Cloak Co., 118 So. lath St., offer any en's sult in their store that formally 'sold st R9.50 and £235.00, for §10.76. A Burbank peach is attracting a large | Battle for Possesion of Property Worth Half Million, W. O. Gilbert Says Joslyn Got Title Through Trial Which Was “Farce and Fraud Upon Court and Minor Helrs.” The Joslyn I'district court. | triet court, | state-wide “castle” fight Is now on attorneys eminence, of the national and multi-miljion- fui opponents were assembled In the court room to take part in § legal battle for a five acre tract on .which Is situated a residence worth several hundred thousand doliars; much more, “This suit,” said W. O. Gilbert, attorn for plaintiff, addressing Judges Troup, Sears and Estelle, who are hearijig the case together, “thls former suit of 1853, ~by which Joslyn got title was & worked up atfair. It wae not an honest suit. It does not represent a true condition of facts, but a fletitlous condition bullt up for the | purpose of this sult—built up for the pur- pose of divesting these minors of thei rights—bullt up to deceive the court. ‘“It was not a trial In fact. It was a farce, a fraul, a fraud upon this court, & fraud upon the minor children, | *Before the contract between Charies D. | Bwtphen and George A. Joslyn was made, ,|this scheme was hatched and made up as to the method of transferring the property that this old suit could be put in this form. Prove Some Fra . “1 shall prove some actual fraud, pect to prove considerable, but peradventure I shall show constructive | traua, recognizea by courts as being equiv: alent in effect to actual intended fraud.’ Mr. Giibert rehearsed briefly the facts which have led up to the present suit Thess included the will of Emily Sutphen bequeathing half her property to her hus. band, DeWitt Charles Sutphan, and ha her son, Charles DeWitt Sutphen. Tige latier Is the father of Clinton Joy Sutphen and Mrs. Gladys Kiplinger. Clinton Joy Sutphen Is the plaintiff against Joslyn in the case now at Issue. The attorney referred to the meetings between C. Joslyn, and the sale to the latter of the property and the alleged deal by which Butphen was to sue Joslyn for payment of money for the tract deeded. This lea up to the lawsuit by Mr. Estabrook in be- halt of Mr. Joslyn. The children of Mrs, Emily Syphen, it should be added, had &n interest in the property, becguse it was left to husband and son with remainder 20 their respective helrs. First of all former Judge J. H. Macom- ber was called by the plaint'ff. He gave & little testimony which went 0 show that his office on the ninth floor of the New York lite bullding was in Immediate imity to Mr. Estabrook's ahd that H. L. Day's was also near. H. L. Day, a deceased -attorney, was appointed guardian ad litem of the chil- dren, for the pirpose of the sult. This 1 ex- beyond [JOSLYN CASTLE FICHT IS O JUDGES HEAR GRAVE CHARGE in | Three judges of the dis-| aire defendant and his comparitvely youth- | the land itself being valued at as * | brook . | Shelley's case. to D. Sutphen and | 1510 DOUGLAS STREET RKII 1510 DOUGLAS STREET For months object in mind of derful cash purchases. Genuine Mink Shawls, at Genuine Mink Scarfs, at Genuine Mink Muffs, at . Genuine Lynx Shawls, at Genuine Fox Shawls, at Genuine Fox Shawls, at .. Genuine Fox Muffs, at .. $95.00 Russian Pony Coats; fitting garments, at .. $76.00 Russlan Pony Coats; some styles, at each, at tiful garments, at Genuine Lynx Muffs, at .. BEAUTIFUL full length; beautiful full lenxth $135.00 Beaver Coats; threq—qunrter lengt Great Sale of F ine Furs ead we have been planning for this great FUR fering remarkable values right in the height of the fur buymg season, and Mr. J. B. Orkin, our resident New York buyer, has beén very successful i our aim—after a long and eareful search of the eastern fur markets has made some won- SALE with the one carying out The sale opens Saturday morning. You will find a tremendous stock of fine furs to choose from at a wonderful saving, $75.00 Genuine Mink Sets, at | $30.00 Black Fox Sets at £$19.50 $45.00—Theso beautiful mink sets are made of finest selected skins; handsome neck pieces and large muff trimmed with heads and talls—Regular $75.00 val- ues, on sale, - sqs.‘,o [ N cees $00.00 Genuine Lynx Sets, at 859.50—Rich sets of finest se- lected lynx skins; very handsome pelerines with large rug muffs; both with shirred linings—Regu- . SO0 on sale, at $50.00 Genuine Fox Nets at $35 ~——Beautiful black fox sets; per- fectly matched; large shawls and rug muffs, both with shirred lin- Ings—Regular values 830, on sale, at . 335.00 $40.00 Jap Mink Sets, at §25-— These sets are made of selected sx®ns; 1t various styles, trimmed with heads and tails—Reular val- sale, at ...... ?2 27.50 15.00 9.7 12.5¢ 67(50 n hand- .50 beau- ..$90.00 now at . . ~-We have but few of these sty- lish sets. They are such won- derful values that they will never be duplicated. Wish we had a thousand of these sets. ‘These values will certalnly be ap- preciated—Regular $30 Fox Sets, at ..... s‘gaso $25.00 Black Wolf Sets, at $15— Great variety.of swles to chose from in shawls and muffs. These sets are very handsome and won- derful values—Regular values $80.00 Jap Mink Sets, at $19.50 —Stylish , perfectly matched, made of first quality Jap mink skins; trimmed with heads and tails—Regular values slg 5° $30, on sale, at .. $20.00 Squirrel Sets, at $12.50 —8tylish squirrel sets; perfectly matched, in natural or blended; trimed with heads and tails— e A ues, on sale, at ....,. SEPARATE NECK PIECES AND MUFFS $15.00 Jap Mink Sh: $10.00 Jap Mink Scar! $15.00 Jap Mink Muffs, at $12.50 Black Wolf Shawl: $15.00 Black Wolf Muffs, at $9.50 Bquirrel Shawls, at .. $7.50 Squirrel Scarfs, at .... $10.00 Squirrel Muffs, at .. FUR COATS $60.00 Near Seal Coats; made in tho newest styles, 1s, at :6§ 8.75 0 at 9.50 - B3 $50. 00 Near Sell Coats; thirty-six Inchea long, at, ...$35.00 $65. oo River Mink Coats; made of selected skins, beautifully striped and perfectly matched, each, SUIT CASE SPECIAL A genuine leather suit case in dark brown with leather corners, full linen' lined, with straps, Russian steel frame with heavy brass trimmings;.regular price $9.50—special for Saturday only, each . | | igyptian Fern Dishes—5 inches in diameter, 4% inches pretty for table decoration, natural clay color with brown sells regularly 60¢, speclal Saturday Genuine Walrus Bag—16, 17 and 18-inch —suitable for lady or gentleman; a $11.50 value; special, each. ... high, very trimming, at ..ii00 e HOUSE, HOTEL AND OFFICE FURNITURE ORCHARD & WILHELM 514-16#18 South Sixteenth Street SATURDAY SPE(‘ZIHLS Pillow Top—Tapestry squares in plain and figured tapestry, 20 and 24 inches square, some sell up to $2.00 yard, your choice while they last, each, -19¢ FURNITURE ROCKEx tration). oak. It is one of .$6.75 holiday -$7.50 only, each FOR GIRTS (like illus- A Dpretty pattern in select quarter sawed golden the many attractive pop- ular priced pieces we have to offer for the selling sea- son, large, full size, regular selling price $6. Special Saturdey - $2.85 ‘ Toy Dept. Special DOLL CART/(Like Cut) This pretty collapsible l’oldlng doll cart, an exact duplicate of the regular Go- Cart, steel gear, finished in black enamel, imitation leather seat, back, sides i and dash, wheels 7% inches in diameter, a perfect working, good size, sen- sible collapsible cart, 200 on sale Slturday, regular selling price $1.25. Bpo- cial for Snturdl) only, each cene ppointment, the plaintiff asserts, was pro- | currea by Mr. Estabrook and the further {assertion that Mr. Day did not try very hard to protect the children, Then Judge Macomber testified that he was the attorney of record for Joslyn In | the sult of 1503; that he did not see Jos- | 1yn's cross bill and answer until Mr, Esta- brought it into him, and that he | then signed it. | He attended the hearing, but did not argue the case. There were present only Judge Ferguson, Henry D, Estabrook, H Day, himself and possibly a court re- porter. The defense In the cross bill, con- tinued Judge Macomber, was the rule In He hinself did not know then what the court would think of this rule, but for his own part ‘‘regarded it as nonsensical.” The defense did not care to cross-examine and this ended the session. VINSONHALER AND BROME SUE COWIN FOR THOSE FEES Mrs. Pratt's Lawyers File Lien Agninst Her Husband's Attor- meys for Thousand Dollars, D. M. Vinsonbaler personally ‘served no- tico of’a lien on John C. Cowln as attor- | ney for Jomes Hervey Pratt. Service was obtained in the court room of Judge Red- ick, where thie Joslyn castle case 1is soing on. The lien is for §1,00 and is brought by Mr. Vinsonhaler and H. C. Brome for that 41,00 which Judge Kennedy In the distriot court ordered Pratt to pay Mrs. Pratt's sttorneys at the conclusion of the divorce case. Affidavit was made by Vinsonhaler and Brome that the attachments they have levied on Mrs. Pratt's Omaha property are for the purpose of the' judgment which they hope to obtain against her. Union rPacific Will Run Trains Through to Seattle Ifltim Fight After Many Years of - Keen Contention Between 0ld Rivals, Through traifis from Omaha to the north Pacific coast, including Seattle,” Portiand, Spokane and Tacoma. This is to be the realized dreain of the Union Pacific Rall- road company after January 1. After much dissension, dating back sev- erul years, In which James J. Hill and Bd- ward H. Harriman were opposing facto: it s announced that the Unlon Pacific tralns will run through to Seattle. At present that railroad only operates its through trains as far as Portiand. ‘Through trains to the coast made up in Omaha will run to Portland on the Unlon Pacific tracks; from Portland to Stockdale they will run over the Spokane, Portland & Seattle railway; from Stockdale to Ta- coma and Seattle over the Oregon & Wash- ington raliroad. The Union Pacific has terminals both in Beattle and Tacoma. At the former place the trains will enter the new station re- cently completed there. The Unlon Paeific will now be in & position to handle its own side-trip tickets, Phone Franchise Tax Volid. MITCHELL, 8. D, Dee. 10.—(Special.)— Judge Frank B. Smith handed down a de- clsion today in the case of the city of Mitchell against the Dakota Central Tele- phone company which demolishes the value of the franchise which the city gave and upon which it expected to realize an in- lo-n. r"x'".rnln m 800, come of goodly proportions-in the years to come. The city ocouncll granted a fran- chise to F. B. Elce in May, 188 for & period of twenty years, and ome of the stip- ulations of the ordinance was that Eloe #should be required to pay the eity of Mitch- ell 10 per cent of the gross receipts In ex- cess of §2,400. Elce made his first payment in 1901 and for the succeeding years up to 1904. In ‘that year e #old his local ex~ change to the Dakota Central oqmpany, which had been granted a franchise to con- duct a long-distance system within and through the eity, but it carried no tax clause. The court holds the ecity exceeded its power when it imposed the tax. —_— MORSE GETS TEN-DAY STAY Convicted Bamker Givem Chance te Ofter Motion for New Trial. NEW YORK, Deo. 10.—~In the United States elrcuit court today Judge Noys granted & stay of ten diys to Charies W, Morse, the convicted banker fucing & term of fifteen years in the federal .prison at Atlanta on conviction of misappropriating national bank funds, and offeréd his coum sels’ motion for & new trial for Morse to Judge Hough, who originally tried the case. Preumonia always "—-;h'_.h- & cold and can be prevented by the timely wes of Chamberlain's Cough ..l'.h "