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THE BEE: OMAHA, SATURDAY, MAT 3,0, 1914. They Say: The traveling public tells us that nowhere is 1 there a shop with a name so unusual as ours. Well, it's OUR NAME PRAY and it stands 1 1 for Men for men 's wenv "that is different" and wo back that assertion with the goods unusual ly good merchandise, at moderate prices. Thousands of "home folks" know Hint we "make good." We enjoy a splendid patronage from patrons who come again and again and wo hope to have YOU try us come in I tomorrow or Saturday-r-and see how well prepared we are to clothe you from suits to socks. psay FOR MEN 508-510 SO. I6th SIX ECONOMICAL LIGHT WEIGHT 1575 Perfect in balance and alignment; running without Vibration. That is the Studebaker SIX motor (3l&x5 Inches) a splendid example of the block casting type and the small-bore, long-Btroke prac tice. It' hu been called one of the most perfectly balanced motor in the world. This balance Is attained only . through Studebaker manufacturing- methods which, specify (he raw mctnla, make the castings, do the heat treating, machining and g r 1 n d 1 n g everj'thlng, Economy and efficiency in the highest degree are the result. Smaller gasoline consumption than a( "Kour" of same dis placement: actually more usable power, because of con tinuous torque. No annoying vibration; smooth running; alignment permanent because all cylinders arc cast In one piece. Care and closeness in manufac turing balance: light weight; economy and t easy riding thee are the symbols of the Studebaker SIX. Send for the Studebaker Proof Book, describing Studebaker manufacturing methods. r. O. B. Detroit FOUfl Touring Car. . . . J1030 SIX Touring Car $1575 SIX Landeau-Roadater J1800 SIX Sedan S225U WILSON, 2429 Farnam Street, Local Dealer It Because It's a Studebaker 3uy m THE TALK OF THETOW. THE BEE'S RElAL ESTATE COLUMNS today ore worth looking over. You are doing yourself an in justice If you fail to share in the opportunities offered. r Nebraska, AUDITOR LOSES HIS SUITS Insurance Code Bill Upheld by the Supreme Court. ACTS HELD CONSTITUTIONAL .lodnfK Kind Aathlnsr In Menanrr that Itendera It N'roeanary to ClinnRp Procedure l.nld Dnrrn li- Inanrnncr nonrd. I Fro in a Staff Correspondent!) LINCOLN. Neb., May 29.-(5peclal Tele gram.) The Insurance cases brought by Stato Auditor W. n. Howard wero both decided by tho supreme court today against the state RUdttor. The writ of mandamus was overruled and the quo warranto suit dismissed. The constitutionality of the new law Is upheld. Another case from Boono county which has been long In the courts, was also among the number, and one or two minor cases from Douglas county comprised the bulk of the opinions. The cases Involving the constitutionality of the new code Insurance law were brought by State Auditor V. B. Howard, on an application for n writ of mandamus against the lnsujnnue board created by thb new law asking for the return of the department to tho Jurisdiction of the auditor's office. The other was In the na ture of a quo warranto proceeding against I,. 0. Brian denying his right to act as insurance commissioner. I The controversy arose over the action of the last legislature in passing the new- code insurance law which created a board of Insurance consisting of the governor, attorney general and state auditor. Whnt Court Snya. The syllabus of the court Is very com prehensive and Is written by Justice Let ton, as follows: 1. A comprehensive act of tho legislature, such as chapter 134, laws of 1913, com lncnlv known as the Insurance code, con sisting of eleven articles and 1S3 sections. tho evident purpose oi us enacimcnv u lng to cover and codify the law upon the ivimU eiiliWt nf inmirance will not bo held Invalid for the reason that a portion of a proviso to one stctlon. was not cor rectly copied into me enronea mn wmcu was signed by the officers of the legisla tion and bv the coventor, or on account of the Inclusion in another section of an Invalid minor provision, when It does not appear that the defective portion consti tuted the inducement to me pqsshso i the act, and when the objectionable parts may be eliminated and still leave1 an on forcible law which expresses the legisla tive will. , , , , 2. In order to Justify the courts In de claring Invalid, as a delegation of legis lative power, a siaiuie coniernnx jmi Ucular duties or authority upon adminis trative officers, It must clearly appear beyond a reasonable doubt that the duty or authority so conferred Is a power that appertains exclusively to the legislative department, and the conferring of It Is not warranted by the provisions of the constitution." I,hit 'ot Inconsistent. 3. By the terms of t)ie act the Insur ance board created thereby, Is directed to prepare a form or lire insurance jjuuvjt "as nearly as practicable In the form known as the Now .York standard.' Many provisions are contained In other sections of the act denying contract provisions contained in tho Now York standard form and permitting others not so contained. Jleld. that it was the Intention of the leg islature that he. New York form should be adopted as the baBls Of the Insur ance contract and that the words as nearly as practicable" should be con strufd Ho mean "as nearly as practic able" considering all other provisions con tained in the Insurance code which ore inconsistent with or modify the pro visions of the New York standard form. 4. The duty of tho board In this regard Is to arrange and prepare In proper form the form of contract required under this statute, omitting all provisions of the New York form which arc In conflict with tho provisions ot the code. Its duties are. therefore, ministerial or ad ministrative and not legislative and .ho srctlon Imposing the duty Is not an un constitutional delegation of legislative pnwor 5. That portion of the section referred to which provides that tho New ork form shall be used ns It "may be hereafter constituted Is Invalid because Its effect would bo that the future action of the legislature of another state would govern and control the duties of officials in this state, and would require legislative nc- Mnxlmnm Ilates. tlon by tho board. 6. Sections Hi, US and H9 of the act In question permitting the establishment of maximum rates of premium for surety and fidelity companies under certain cir cumstances, by the insurance board, are not void on account of taking property without due process of law or as being an unlawful delegation of legtalatlvo power. 7. "Authority to make rules and regu lations to carry out nn expressed legis lative purpose or for the complete opera tion and enforcement of a law wlthtn designated limitations is not an exclu sively legislative power. Such authority Is administrative in Ita nature and Its use by administrative officers Is essen tial to the complete exercise of the pow ers of all the departments," 8. The court in an action brought by a public official and member of the board created by the law will not anticipate, for the purpose of declaring a law un constitutional, that the acts of the board, to which is committed its admlnlsratlon, will In the future Infringe upon the rights of 'others, or deprive persons of property without due process, 9. The state may impose such condi tions and limitations an It sees fit uppn foreign corporations' seeking the privilege of doing business Ip this state. Hospital Winn fair. The case brought in the Douglas county district court by the Omaha General hos pital against Robert C. Strehlow, a con tractor, to collect hospital epenses for services rendered to John T. Anderson, an employe of the contractor who was Injured and taken U the plaintiffs hos pital, whero he died, is decided in favor of the hospital, and the judgment ot the lower court, which gtrve the plaintiff J 15, Is affirmed. I) I mu I mini ot Suit Slnnda. The court affirms the holdings ot the Douglas county district court In the case brought by Clara Music against William T. Adams and others for personal In juries alleged to have been sustained by her falling over a pile of dirt upon ths walk In front of property owned by the defendants. The lower court found for the defendants and dismissed the suit and the plaintiff appealed. HiiIiIh Woman Was Married. The case of Reynoldson against Hey noldKon brought from Boone county and which has been In the courts several years and in supreme court two or three years, involving the validity of a mar riage between Charles Reynoldson, a wealthy farmer of Albion, ltd Vivian Reynoldson, who at the time of the mar riage was alleged to be the common law wife of James noyer, who testified In tho lower court that while he and Vivian occupied a cell In the Jail at McCook a marriage con tr art was entered Into be tween them as follows: "Wo agree to i live together as man and wife." and had done so continuously until July 4, 1910, was decided In favor ot Mr. Reynoldson, thb court holding that the Judgment or the Boone county court should be af firmed. The syllabus reads: The contract requisite to the creation of the marriage relation need not be ex pressed In any special manner or by any ! prescribed form ot words, but may be Nebraska sufficient evidence by any clear and un ambiguous language or conduct. Evidence examined. Its substnnro stated In the opinion and held sufficient to sus tain a finding thsl when the marriage ceremony was performed between plain tiff and defendant the defendant was the common law wife of one James S. Boyer. and therefore was incapable of entering Into the marriage relation with the plain tiff. COMMENCEMENT AT WAYNE NORMAL SCHOOL WATNE, Neb., May t9.-(Speelal.)-TTio commencement season of the tourth an nual commencement of the Wayne Stato Normal school opened last Friday eve ning, when Mrs. Esther Walrath Iash and DeWltt Durgln Lash gave a concert In the Auditorium under the auspices of the department of music. On Sunday evening, May 21. all tho church congregations of the city united for the services, which were held at the Methodist Episcopal church. Tho music was furnished by a large chorus under the direction of Prof. J. J. Coleman. Tho baccalaureate address was delivered by Dr. J. A, Bcattlc of Lincoln, who gave a very Inspiring address to the class ot 1914. The exercises of the training school were held on Monday morning, the kin dergarten and all the grades being repre sented In the program. On Monday ete nlng a Joint recital was given by tho Normal school orchestra and the advanced students of the department of expres sion. On Tuesday morning the Normal ladles' quartet, assisted by Ensign Young, accompanist, gave a delightful program In the chapel. The personnel, of the quartet Is as follows: Ardath Conn, first soprano; Marjorle Kohl, second soprano; Bessie Crockett, first alto, and Alice Sa bln, second alto. - A great deal of Interest centered In the senior class play, which was pre sented by tho class of 1914. In tho opera house) at 'Wayne on Tuesday evening be fore a large audience. The class chose a dramatization of Winston Churchill's novel, "The Crisis." The annual literary contests between the Phllomathean and Crescent literary so cieties took place on Wednesday evening. The following Trere winners In tho vari ous events: Herbert A, Welch won first place In the oratorical contest; Miss Mar jorle Kohl was the winner In the 'reading contest; John Rockwell secured first place In the essay contest, and Eugenia B, Mad sen was voted the decision in tho debate. The Judge were Superintendent William Fleming of Lyons, Rev. IS. E. Hatfield of Wakefield and Attorney Howard Sax ton of Pender. STRANGER IN GRAND ISLAND TRIES SUICIDE IN SALOON GRAND ISLAND, Neb.. May 29.-(Spe-eial Telegram.) A well dressed young uian, a stranger walked Into a saloon this afternoon, ordered a glass of beer, turned away from the barkeeper for' a moment and upon again facing hlni de clared he had taken "three ot these" pointed to a little box of bichloride of mercury tablets. special officer, engaged by the saloon men to aid In the enforcement of liquor laws stood near and seized the man who at the same time went into convulsions. The stranger was taken to police head quarters.'' Not a lerter'arfwritteri' memor andum of any kind was on his person to Indicate his Identity and- In a few conscious momenta he refused to state who he was. RESIDENT OF NORTH BEND SH00TSSELF IN HEAD FREMONT, Neb.. May .-(Special Tel egram.) William Mnben of North Bend shot himself through the hrad In the toilet room at the Union station about 6i30 o'clock this afternoon and probably will die. Tho bullet entered just back of the right car and passed straight through the head. Ho Is about 55 years of age and formerly lived on a farm, but for somo time had been living in North Bend. A numnrr of certificates of de posit in North Bend banks were on his person and considerable money! No reason is, known here for his act. Commencements, BEATRICE, Neb., May 29.-(fipeclal.)-The- graduating exercises of the high school were held at tho Paddock theater Thursday evening before a large audience. Rev, Naboth Osborne, pastor of the First Congregational church of Burlington, la., gave the address to the graduates, his subject being "The Meaning of life." Special stress was laid upon human Indi viduality throughout the sermon. The class oration was given by Raleigh Mc Vlcker, the class poem was read by Miss Irene Schroeder. and Gale T. Cummtngs gave a brief history of the class. Seventy two were given diplomas, the largest class In the history of the Beatrice high school. VALLEY, Nob., May J9.-(Specla.)-The following program for the closing exercises of the Valley public schools was carried out this week: Baccalaureate ser mon, Rov. B, A. Fye at Methodist Epis copal church Sunday evening; Tuesday evening eighth grade class play In Valley opera house, diplomas given class of four teen pupils; Wednesday afternoon class day exercises in opera house. Commence ment exercises wero held In the opera houso Wednesday evening. Dean B. L Roues of Peru gave the address to th class. W. B. Weekly, president of tho Board of Education, presented diplomas to the following graduates, the largest class over graduated from tho Valley High srhool: Helen Bailor, Hazel Byars, Wade Caldwell, Harry Cao. Muriel En field, Teresa Fltsgetald, Hal King, Man fred Ulllefors, jr.; Mae Lutton, Lillian Lydlck, Mabelle Peterson, Eleanor Pet erson, Verdllla Rice and Jeanette Wick lund. Snfr rtohlicd at Sr.wnrd, SEWARD, Neb., May 2. (Special Tele gram.) The safe of th Seward Lumber company was robbed last night of $1S5 and a few non-negotiable checks. Tho burglars gained entrance through a win dow and broke open the cash box ot the safe, which had not been locked. Tired Frellnsr Sirollen Ilauds anil Pert Doe to Kldner Trouble. Your kidneys surely need help and quickly when your hands and feet thicken, swell up, and you feel dull, slug gish, lose your energy and appetite, and there Is a puffy look under the eyes. Take Foley Kidney Pills at once. They act directly and quickly, and the result Is a regular normal action that keeps tr.o irritating poisonous acids out of your sys tem. Use no substitute. For sale by all dealers everywhere. Advertisement. Nebraska Part of Insurance on Ship Rewritten at Nearly 50 Per Cent I.ONDON. May S9.-The flags op the shipping offices In London were half masted on receipt of the news of the dis aster to the Empress of Ireland. The 'Insurance held at Lloyds on thn Kmprcss of Ireland amount to JIX,000. When the first news of the accident ar rived a considerable amount of reinsur ance was effected at 4U per cent. Tho Empress of Ireland was a twin screw vessel of 14.191 tons. It was built In Glasgow In 190$ by the Fairfield com pany, limited, and was owned by the Canadian Pacific Railway company. It carried a full wlteless equipment. j The Storstad registered 6,1S tons. It 'was built by the Armstrong. Whltworth j company nt New Castle In 1911, and Its owner Is tho Dampak Aktleselk Maritime !of Chrlstlnnla, Norway. It Is a single- screw vessel and In loaded with coal, It i carried a crew of fifty men. The disaster recalls the accident to the sister ship of the Ill-fated vessel, the F.mprcs of Britain, which, two years ago, rttmmcd and sank the collier Helvetia In almost the same place that the collision look place this morning. Receiver Felton Says Railroad is in Need of Money President S. K. Felton of the Chicago Great Western, and who Is also receiver of the Perc Marquette, operating l.VM mile of road, motly In Michigan, Ik sending out word that unless heroic measures aro adopted the last named rail road Is soon likely to become a thing of the past. President Felton asserts that the Tcre Marquette Is In a bad way simply because enough money cannot be secured to pay operating expenses and because more can not be borrowed. He says the prospects tor a bumper crop alt through Michigan were nover brighter and If the Perc Mar- quetto had money to Improve Its roadbed and repair and buy equipment Itcould do a moneymaktng business. He adds that thin 'money is Just what the road, lacks, that the property Is run down and that It looks as if the time Is not far distant when If some of the strong lines do not take thn Pero Marquctto over It will simply have to go out of business. Ac cording to his report not enough money Is being taken In to pay salaries and buy the necessary supplies. Notes from Beatrice and Gage County BEATRICE. Neb., .May 29.-(8peclal.)- Tho will ot Andrew- Rico, who died forty years ago at Mt. Morris, III., was filed fot probate In county court Thursday. He owned Gage county property and left everything to his widow. The petition filed Thuisdar states that her residence Is unknown, and asks that'C'Ni Hinds ot Odell be appointed administrator. R. J, Jackman, a former Beatrice "resi dent, 'who wasrk'lllcd nt St. Louis Wed nesday In an automobile accident, left Beatrice about two years ngo. He 'had been a resident ot Beatrice for twelve years, and while here ho was left a small fortune of $30,000, which he spent In try Ing to get a string of fast horses. His wfe and children have been living in Ohio since their removal from Beatrice, two of his daughters bcng employed us scho61 teachers. J, H. Fuller, who located at ll.olmcsvllle when tho townslto was first laid out, and who had been In tho mercantile busi ness thcte for years, died Thursdny, a$cd 70 years. He loaves no family except h(s widow. William Coughman. also a resident ot that place, passed away Thursday. He enme to Holmesvlllo In 1SS4 from Goshen, I nil., and was 0 years ot age. He Is sur vived by his widow and five children. Rock Island Terminal Company for Douglas LINCOLN, May 29.-(Speclal Telegram.) Articles' ot Incorporation, the object of which Is to operate a railroad In Douglas county, with all terminal facilities, were filed with the secretary ot state today. The company will be known aa the Rock Island Omaha Terminal Rillway com pany, with a capital of J10.C0O. The In corporators are E. P. Holmes, George L. Delacey, Bruce Fullerton, Fred Funhe and Frank H. Barnes, all Lincoln mn. Holmes Is the local Rock Island attorney hero, DeLacoy Is his business partner and Barnes tithe local agent of tho Rock Island. SEVERAL CHANGES IN ROCK ISLAND OFFICIALS Effective June 1. these changes will oc cur in the official family of tho Rock Island road: A. 6. Collins becomes gen eral dairy agent, with headquarters at Cedar Rapids, la., succeeding Irving Mitchell, deceased. Fred Smith, for a long time assistant general freight agent at Kansas City, resigns to engage in the grain business. Ho will be succeeded by J. C. LaCosta, chief of tho traffic bureau of Chicago, he belnff succeeded by F. K. Crosby, chief clerk to Freight Traffic Manager Gnwser POLICE ASKEDT0L0CATE DAVIDSON AND HUISMAN The Omaha police have been asked to atslst, In finding two men who are sup. posed lo bo In qr near the city now. The Mothodist board of education at New York is seeking the whereabouts of C. W. Davidson, who was connected with the South Omaha police force about six years ago. Friends abroad are asking for assistance In locating Thomas lluls inan, who was supposed to be in jail here. Neither of the men have been located. FOUR NEBRASKA GIRLS GRADUATE AT EVANST0N BVANBTOK, III., May .-(8poial Tel euram.) Uuth .Capps and Helen Rteln of Hastings, Ethel Dunn of Osceola and AVInnlfretl James of Kearney graduated from Northwestern university oratory school last night. Key to the Sltuatlon-Bee Advertising, Decoration Day, This Store Keeps Open All Day. With and June Just Around the Corner -Surely You'll be Wanting a New Quality Suit Superior Showing of Special Value Suits, $10-$15-$20 Clothes of tho hour, crowded with faultless style every suit has tho appearanco of boing worth from $5.00 to $8.00 more, and they don't deceive their appearances. Varieties aro almost unlimited. Mori of ovory taste can bo suited and men of every size can be fitted. , $25, $30, $35 for Finest Hand Tailored Clothes 1 1 1 ' 1,1 1 1 ' a 1 , - Don't think all clothes at these prices are the same. Here's a store that claims the exception. Our suits have t every "7 ounce of character and individuality that marks the produc tions of the most exclusive tailor. Our varieties aro many times greater and our prices just about half. Wo invite 1 inspection from you. v We're "it" for Straws . $1 to $10 Every sort and every size is on bur shelves.. Sennits, Milans, Braids, Bangkoks, Panamas and all the rest, shapes for every face. Expert Hatters to serve you and our values are not duplicated anywhere, Boys' Clothes Shop Features Exceptional Fast Color Shirts $1 to $2.50 Not only claimed to be fast, but guaranteed to be fast, either soft or laundered and hundreds of patterns for your choosing. KING-PECK CD. af ffoward" TRAFFIC OFFICIALS OF GOULD LINES ARE TO MEET A family meeting of traffic officials of the Missouri Pacific, the Iron Moun tain, the Denver A. Rio Qrando and tho Western Pacific lines, all of the Oould jyatftm, has been called for Salt IjiK, June-1 to 3. Upon the close of the meet ing, a special train will carry the of ficials to San Francisco. The Omaha of fices will be represented by T. V. Ood froy. general agent of the passenger de partment, and A. Tl. Malcomb, assistant general freight agent. Madison Conntr Nates. . MADISON, Neb.. May .-(3peial.)-In th case of live statq of Nebraska against Edward House, charged with arson, the Jury found the defendant not guilty. The Jury was empanelled and witnesses examined for ths prosecution In the case of Resale Juckett against Samuel Bren nan, a saloonkeeper of ltoyal, and others. .fit:. ..'vlVv N.: :V-:'W. Decoration Day Hundreds of mothers of Omaha boys have spoken in very complimentary terms of these special value suits, the styles are top-notchers, patterns so different than one usually en counters and their fitting qualities are faultless. Your boy is sure to need a suit, why not bring him in tomorrow? OMAHA'S LARGEST "STORE for MEN "-HOME of QjJALITY CLOTH ESj' The plaintiff brings action to recover damages In the sum of. 131,000. Juckett was found'dead In his wagon near Iloyul and the plaintiff charges that his death resulted from an oxeosslve use of Intoxi cants and when under the Influence of liquor. Albion liny Klllril hjr Tarr.ln. ALBION, Neb., May .-(Kpeilal Tele gram.) A fatal accident occured sU miles north of this city yesterday. Albert Daniels, a seventeen year-old son ot Si las Daniels, was assisting In some roud work repairing a culvert, when tho em bankment caved In crushing his head and causing Instant death. Mn Untlnl fttntr nett-gatea Aboard. 8EATTI.15, Wash., May 2.-There wer no United Mates delegates to tho Sal vation Army world'a convention on the Empress of Ireland. The ten Orton and Washington, twenty-four California and fifteen Colorado, Montana and Utah dele gates will call from New York for Ixm- Watch Oar Windows Here Summer Footwear Values $3 to $5 Specializing in good shoos for Men has earned us a liberal following of discriminating dressers who buy here every season, because quality is never sacrificed, service is the best and values the greatest. Values at $5 and $6 Hot Weather Underwear 50c to $5 We've the coolest underwear in town, every good style, every known fabric, and a range of sizes in overy grade sufficient to fit all comers. AND BOYS' don on the steamship Olympic tomorrow, according to Salvation Army officers here. POLYGAMY NO LONGER PRACTICED SAYS SENATOR WASHINGTON, May 39.-Potygamy no longer Is practiced by Mormons In Utah, Senator Sutherland told the senate today after the reading of a petition from citizens of West Durham, N. C. presented by Senator Overman, protesting against It. "Polygamy." said Senator Sutherland, "has been absolutely abandoned in Utah and has not been practiced for many; years. There are attll somo old peopls wji6 entered that relation many years ngo who still maintain their households. T am sure that If the question were sub mitted to. a vote ot the Mormon people, they would never decide to return to polygamy." -j 5 5 t s r C A K K X i 1 i I I ? I 4 I i I V ! t f r 1 Key to the Situation Bee Advertising.