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THE BEE: OMAHA, WEDNESDAY. FEBRUARY 28, 1917.
9 CITY VS. RAILWAY FIGHT H COURT Corporation Counsel Asks Or der Compelling Street Car . Co. to Quit Property. TELLS STORY OF CONTRACT A judgmen. and order requiring the turning over to the city of all the property, interest and rights of the street railway company which it ac quired from the old Omaha Horse Railway company, either directly or indirectly, as well as all the increases in the value of the property, is asked by the city of Omaha in a suit just tiled in district court against the Omaha & Council Bluffs Street Rail way company. Providing the court docs not see fit to return such a judgment, the peti tion, filed by Corporation Counsel Lambert, seeks an accounting of the use of the property since .he rever sion to the city became effective. The ohvsical valuation ot the city s inter ests, as well as interest on whatever judgment may be found, is' also sought. The petition of thirteen pages was entered on page thirteen ot the hie clerk s records. Reviews History. It is set forth that the first charter of the Omaha Horse Railway com pany, by an act of the legislature of the territory of Nebraska, dated from anuary 1. 18b. and lasted htty years. providing that at the end of this pe riod the tracks, depots and other equipment should revert to the city. The company continued to develop. enlarge its system and add to its equipment, finally consolidating with the Omaha Cable 1 ramway company, according to the city. It is alleged that the development of the Omaha Horse Railway company was subject to the reversion as provided by the charter. Un March 4, 18y, the con solidation was effected under the name of the Omaha Street Railway com nanv. That this consolidation did not affect the city's interest in the com panythe old horse car part of it is contended. Issuance of Stock. The Omaha Street Railway com pany was a $4,000,000 stock company, the petition states, the stock being is sued in return for surrendered stock in the other two companies. Accord insr to the city counsel, it was esti mated in the consolidation agreement that the horse car company had thir ty-six miles of track, valued at $2, 000,000, and the tramway company four and a half miles of double track worth $2,000,000. It is next pointed out that on No vember 1, 1889, the Omaha Street Railway company purchased the fran chise and holdings of the Omaha Mo tor Railway company. Ihe petition alleged that as much of this prop erty as was purchased as a result of contributions from the horse car com pany was effected by the interest of reversion. The franchise and holdings of the Metropolitan Street Railway company were purchased on .November u. lyuz. the petition says, and on November U of the same year the franchise and rights ot the Metropolitan Cable Rail way company. Another purchase of rights and franchise was that of the Benson & Halcyon Heights Street Railway com pany on November 13, 1902, the alle gations of the city being that the , right of reversion followed the prop erty whenever the old horse car com pany figured in the deals. In this part of the petition it is alleged that the first grant of the legislature to the horse car company remained neces sary to the authority of the consoli dated company to use the streets. The present Omaha & Council Bluffs Street Railway company was formed on December 22, 1902, the city alleging that of the property in volved in the last transfer much of it came from the old horse railway line. Reversion Clause. The city contends in its petition that the property coming to the Omaha & Council Bluffs Street Railway company from the Omaha Street Railway company is still sub ject to the reversion. From December 22, 1902, till May 22, 1908, many improvements, exten sions, etc., were made, according to the city, all obtained from operating the company or mortgaging it. The city alleges that the present com pany needed the right of the first grant in order to have the authority to operate. Many extensions and other im provements made since May 22, 1908, have been made without authority, the petition alleges, adding that the company's right to use the streets terminated, except the right as pro vided in the territorial grant. Setting forth that the fifty-year period of the territorial grant has Have tv Bottle Handy! Sloan's Liniment is assigned its place among the trusted family remedies in thousands of medi cine closets. Confidence iri it is based on the uniform effectiveness with which it banishes the pains of rheumatism, neuralgia, gout, lumbago, lore stiff muscles, cruises, sprains and itrains. Cleaner and .easier to use than nussy plasters or ointments. It penttrtta ind relieves quickly wit boat rubbing. At ell druggists, 25c. 50c. and $1.00. Loses His Nose and Doesn't Know It Until C E. Neat of Rosswell, N. M., came to town Monday with his nose. A negro cut it off before Neat had been here an hour and Neat did not know it was missing until Frank Odorisio, 1312 Dorcas street, a newsboy, told him about it. "Where is your nose?" the newsie asked Neat as they met at Sixteenth and Howard streets. Neat felt for his olfactory organ and replied: "I don't know where it is. I'm a stranger in town. But I had a fight down there," pointing down Howard street. Odorisio grabbed the New Mexican and escorted him to the office of Dr. H. Hirschmann, 506 South Sixteenth street. The surgeon took one look at Neat and said: "Go back and get your nose." The newsboy volunteered to hunt the nose. He followed a trail of blood from where he had met Neat right lo the rear of the Waterloo Cream- now expired, the city alleges it has the right to the reversion. The petition asserts that the de mand has been made for reversion and refused. Parade of Folks Who Are Not Born Peeves Connell Some people are walking around every day and yet they have not been born, a paradoxical statement made and explained by Health Commis sioner Connell. To be legally born, each person should have his or her birth recorded at the time and place of birth. There have been instances of Omaha men and women growing to majority be fore they learned their births had not been recorded according to law. Physicians are required to report all births on blanks provide for that purpose. Some fail to comply and parents do not think of the formality. twery now and then the health office is asked to furnish a certified birth record dating back twenty or thirty years. Sometimes there is no record, although the person in ques tion may have been born l.' Umaha. Instances have arisen where it is essential to be able to establish birth records," said the health commis sioner. In comparatively few cases are the names of the infants entered in the local birth records. In some cities the birth registrars require the given names in cases. Freight Rates On Steel For Export Advanced Washington. Feb. 27. Increased freight rates on iron and steel from Chicago, Pittsburgh and other points in the east to Pacific coast terminals for export were authorized today by the Interstate Commerce commission. The rates authorized are from 30 cents, the present rate, to 40 cents from Chicago and from 42 to 45 cents from Pittsburgh. The rates will be come effective April 2 and apply to shipments destined for Japan, China and Manila. Laborer Kills His Three Children and Himself Indianapolis, Ind., Feb. 27. Frank Stader, 38, a laborer, shot and killed his three children as they lay asleep in bed today and later shot himself in the head. He died in a local hos pital. Brooding over failure to find work is said to have been the cause of his act biscuits K C BAKING KC Alwayssafe and reliable. If it isn 't all we claim your grocer will refund your money. JAQUES MFG. CO, CHICAGO Auto Dealers, Merchants Auto Owners! Don't Miss the Big Show AT THE Scott Omaha Tent and Awning Company DIRECTLY OPPOSITE THE AUDITORIUM Op.n Ev.nings By R.qu.st. A Wonderful Display of Auto Camping Outfits Nothing like it has ever been shown in Omaha before. Dealers should see it and arrange to carry a line of these supplies. Sell to the motorist on sight SCOTT OMAHA TENT & AWNING CO. S. W. Cor. 15th & Howard Omaha, Neb. "HELP US GROW" Newsie Tells Him ery company's plant at 1617 Howard street. "There I saw a piece of white meat." he savs. "I nicked it up and it looked as though it might be Neat's nose. Near the meat meat was a pair of broken scissors and a broken mirror. I ran back to the doctor's office, and there Neat was laid on a couch, and without an anaesthetic his nose (the piece of meat I found) was sewed back on his tace. Neat is in St. Joseph hospital. He said he walked into a shed in back of the creamery company and there saw a negro shainvg. Without warn inn. the negro jumped on him. Neat says the colored man first took $77 and his watch away from him. Neat began to hght then and his assailant lnnned his nose off with the razor. Doctors says Neat has a fair chance of saving his face, even though his nose lay it. the rubbish pile thirty minutes or more. Potatoes Not Yet Equal to Cash for Buying an Auto Even in the auto business the kingly spud is threatening to displace the almighty dollar as a standard me dium of exchange. "I'll give you a bushel and a half of potatoes tor that town car, a pros perous prospect from Broken Bow proposed to Guy L. Smith at the Hud son super-six booth at the Auto show. Smith gave immediate heed to the offer, but declared that even with the lordlv tuber worth its weitrht in ffold. his classy super-six town car, listed at $J,1U0, was worth a few more spuds than a bushel and a half. But that didn t deter the potato magnate. As he raised lots of spuds he had the coin in bundles. Also, he had his heart set on that particular make ot car, so it was not long be fore Smith had the tuber king signed up for a super-six. Thus it is seen how auto dealers can sometimes afford to eat a ban quet that includes real potatoes. Religious Education Association in Session Boston, Feb. 27. Educators and re ligious leaders gathered here today for the fourteenth annual convention of the Religious Education associa tion. The meetings will be extended over three days. Preliminary sessions will be held today, with the hrst gen eral session set for tonight. The underlying subject of this years convention n me question; "How should the youth be trained to meet the needs and demands of the great changes that are sure to follow the war? The speakers will include several bishops, college presidents and pro fessors. Fair Weather Promised For the Automobile Show Colonel Welsh, high potentate of local weather manufactory doe's not profess to be a demon motorist; he doesn't even own a flivver, but he seems to be strong for the Omaha automobile men. The colonel prom ises pleasant weather tor the auto men through three days ot the show at least Fair, with no change in tem perature, is prediction for Wednes day, and, as no alarming disturbances are in sight, the colonel may be able to extend the period of gentle sun shine until the show comes to a close. For light, wholesome cakes, and pastry, use POWDER ALSO ON DISPLAY the MAXFER TON TRUCK MAKER $350 and a Ford, old or new, makes a guaranteed one ton truck. The Maxfer is the most substantial and latest improved truck unit on the market. 10,000 sold during 1916. Dealers-Get the exclusive agency in your territory. We are closing up fast. It's a money maker and a money saver. Call or write H. B. MORRILL & CO., 1110 Douglas St., Omaha, N.b. Factory Distributors for Nebraska and W.it.rn Iowa. ORDER NEW LIGHTS IN BUSINESS OMAHA Ornamental Iron Posts, With Two Lights On Each, for Down Town District. MORE TOR HOME SECTIONS The city council adopted it solutions directing the Omaha Electric Light and Power company to install new lights in the downtown ornamental district as follows: Farnam, Tenth to Twenty-fourth; Douglas, from Missouri river bridge to Twentieth; Sixteenth, Leavenworth to Cuming; Harney, Tenth to Twen tieth; Fifteenth, Howard to Dodge; Fourteenth, Howard to Dodge; Tenth, Mason to Farnam; Dodge, Fourteenth to Seventeeth. The contract with the light company provides for the following installa tion in the downtown ornamental dis trict: "Two" lamps will be mounted on each ornamental iron post, four posts to the block, placed on opposite sides of the street so as to product the most efficient illumination and supplied with current from conductors laid in underground conduits." The lamps will be 400-candle power Mazda type and there will be nearly 200 additional units in the improved downtown district. More Residence Lights. The following new electric lamus were ordered placed in residence sec tions: Arbor ind 10th. Plnkney and 14th. Arbor and SOth Ave.Capltol Ave. mid 36th Aroor and sza. iratt and Ifitn. Arbor and 41st. llurrtotte and lflth. Ames Ave. and ltth.Lartmore Ave. and Woolworth Ave. and 42il. 22d. Bet. Podge and Hickory and Sid. Farnam. on SSth. Kansaa Ave. and SfithPlne and 17th. Burdette and 18th. Beward and 24th. Jaokaon and 30th. RtiKRlea and 27th. Spalding; and 27th. Crown Point Ave. Harney and SlaL and SOth. Bahler and Sttth. Bet. EIHaon and Lau Sahler and SOth. rel, on SOth. California and 39th. Bristol and 2Sth Ave. Emmet and 14th Ave.Camden Ave. and Mason and 62d. 25th Ave. Walnut and 85th. Camden Av. and 24l)h Blmwood park (twojaynes and SOth. lights). IllniPbaURh Ave. and Jonea and 40th. 27th Ave. Elm and 28d. Indiana Av. and 29th Grace and 21st. Saratoga and 42d. Give your Want Ad a chance to make good, Run it in The Bee. ifyouon Both, sisters longed kjt wlialtliey could-noy afford. JarieTwaTiTed-poW i and position Lise merely fun and finery. A. . w s. Both detennined to mve what they wantjWLBut one got $5.00 a week Vthe other onlyllfue more. yTTie Dweffing-PUce of UgKtV ' ty Winston Churchill V is the-sWy of thfruggle of Amerinmenrijarfcularw of American menandxglrls agaimitthe great tide of immigratfontnat is engulfing SyXi and removilding so manjsections of our country today. 7 . It is ra&wbtedly the mist vital novfel of one of thegreatest American II noyjslisls of our generation jet1 itdssonly one of four l srVfe Sen Novels Ndw-Rimningn s A . JAIL NUISANCE IS ORDERED ABATED Health Commissioner Tells His Superiors to Oet Busy at "Early Convenience." RELIEF IS EXPECTED SOON Health Commissioner Connell or dered the mayor and city commission ers to abate a nuisance maintained at Eleventh and Dodge streets, com monly known as the city jail. In a communication addressed to the city officials the health officer said the jail is "unsanitary, unhealthy and unlit in every way from a health standpoint." "I order you to abate this niu sance at your early convenience," wrote the health commissioner, "'"here was a little bit of humor in this communication when it is con sidered that the health commissioner is the creature of the city council in general and of the superintendent of police, public safety and sanitation in particular. Dr. Coniiell's orders applied to nis boss, Commissioner Kugel, as much as the other members of the city coun cil. Nothing is left for the city officials to do but to obey the orders of the health commissioner, who may cause the arrest of the mayor and commis sioners if they do not comply. The city council expects that within a lew weeks the legislature will have passed a charter amendment which will give the city officials authority to sell bonds tor a new city jail. A. T. Benson Returns from An Eastern Buying Trip A. T. Benson, just returned from a buying trip to New York for the new uptown Farnam street store, is very enthusiastic over the unusual spring styles he has seen. "To the eyes of a mere man they are certainly pretty, in addition to being very practical,' Mr. Benson says. Mr. Thorne, for merly associated with Mr. Benson, has returned from the west and will again join forces with his old part ner. The name of the firm has not yet been decided upon, but it will not conflict with the company cf Benson & Thorne, located at 1520 Farnam at would vou db , v Mygot5-aweM'? Auto Men Fight Wheel Tax; Would Enjoin Officials An effort is to be made to enjoin the city officials from putting into effect the wheel tax ordinance which has recently been passed, and which is scheduled to go into effect March 7. Francis A. Brogan has been en gaged as the attorney to prepare the rase to go before the court for the injunction. Back of the movement are many or ganizations in the city, including the Automobile club, the Auto Dealers' association, the Motor Truck associa tion, the Team Owners' association, the retailers and other organizations 7 is Simple Laxative a Household Necessity Dr. Caldwell's Syrup Pepsin Should Have a Place in Every Home Constipation, or inaction of the bowels, a condition that nearly every one experiences with more or less frequency, is the direct cause of much disease. When the bowels become clogged with refuse from the stom ach, foul gases and poisons are gen erated, and unless the congestion is quickly relieved the system becomes weakened and most susceptible to at tack. Various remedies to relieve consti pation are prescribed, but many of these contain cathartic or purgative agents that are harsh and violent in their action and shock the system. The most effective remedy is the com bination of simple laxative herbs with pepsin that is sold in drug stores un der the name of Dr. Caldwell's Syrup Pepsin. The Hon. John D. Keister of Bran dywine, W. Va., who has represented his district in the state legislature for six years, writes that he uses Dr. Caldwell's Syrup Pepsin and finds it a splendid laxative, easy to take and mild, yet positive in its action, and that it should be in every household for use when needed. Dr. Caldwell's Syrup l'epsin is sold by druggists in all parts of the United States and costs only lifty cents a bottle. It contains no opiate or nar cotic drug, does not gripe and is rec- Various associations have opposed the wheel tax from the start, and when it was passed decided to oppose , it in the courts. When it was. found that so many organizations opposed it, each and every one willing to en gage an attorney by itself and fight the matter, someone conceived the idea of calling representatives of the various associations together and working the fight out jointly. From this resulted the meeting held Monday at the office of the J. T. Stewart Motor company, when repre sentatives of these various organiza tions were present. It was decided to retain Francis A. Brogan, who is now preparing the necessary legal papers to make a fight for an injunc tion. Give your Want Ad a chance to make good, Run it in The Bee. ommended as a family laxative, mild enough for the tiniest babe, yet sut ficiently powerful to act easily on th strongest constitution. To avoid imitations and ineffective) substitutes be sure to get Dr. Cald. well's Syrup Pepsin. See that a fac simile of Dr. Caldwell's signature and his portrait appear on the yellow car ton in which the bottle is packed. A trial bottle, free of charge, can be ob tained by writing to Dr. W. B. Cald well, 455 Washington St., Monticello, Illinois.