4-
THE'HEE: OMAHA, WEDNESDAY, JANUARY 4. 19
Chief Justice in
Speech to Women
Outlines Rights
V
Andrew Morrissry of Nelra
. La Court Addresses Home
Economies Association
t on Legal Question.
Lincoln. Tan. 3. There is no lif.
ference iu the property rights of din
gle women and the property rights of
inert while the Nebraska statutes pro
vide that the property which any
woman may pwn prior to her mar
riage shall remain her own notwith
standing ihe marriage, Andrew VY.
.viornsscy, rniei juniic 01 tne ic
hraska supreme court, today declared
in an address before the annual meet
ing of the Nebraska Home Eco
nomic! association, pcaking on the
"Property Rights of Women."
"It there is un jmprcsMon that
the husband, in his property right,
gets more protection under the law
than does the wife, I believe a care
ful consideration uf the statutes and
decisions having to do with the
property right,", of married people will
lead to tha opposite-conclusion," Jus
tice Morrissey said'. "The old fiction,
that the wife js subject toVthe hus
band no longer prevails. ! assume
you wilalmit that ' husbands are
now subject to .their views, However,
the law remains, notwithstanding the
adoption f the 19th amendment.
Woman Sovereign."
The Nebraska law leaves every un
married woman free to engage in
business on her own account, to sell
and convey, her propcrty, to contract
debts, to'' execute a will and 'to do
anything in relation to her property
that may be done by a man, Mr. Mor
rissey stated,:- and her right to in
herit property also .is the same in
all particulars as that of her brother.
If a single woman owns property and
or stock at the time she marries, she
continues to be the owner and is
free to proceed with the business of
operation or lale, but if she desires'
to sell, or mortgage, the husband
must join in the conveyance if the
marriage relation exists and the hus
band is a resident of the .state,. Jus
tice forrissey added.
"I can almost hear some of vou
suggest that it is unfair, but in this
respect" the raw is no different when
applied to the 'husband, as the wife
must join in conveyance, before the
husband can dispose of or mortgage
his property, so that in this resDect
the wife and the' husband "stand on
an equality before the law," the chief
justice stateTj. '
The holder of the title to real es
tate is 'not by law prevented from
conveying away the interest held by
the owner absolutely, Justice Mor
rissey explained, but is prevented
only from conveying that interest
in the 'real estate which the law
gives to the other spouse.
Justice; Morrissey then reviewed
that class of cases that most fre
quently arise the case of a young
man and; woman who marry with
nothing for capital except their .-own
ambition 'and mutual trust to1 suc-recd-finl!y
resulting through both
Iheir.' efforts in realizing comfort-,
able worldly gains, the title to which
is jn the husband's name.
''While; these parties live happily
together and enjoy the possession
and use of the property, it does not
usually matter much where the title
rests, but unfortunately, as"!t' some
times happens.', divorce
the question of a division ofprop
erty is presented," the chief justice
continued. "This is a case where no
hard, inflexible rule may always be
ppplied. s Years ago there appeared
to be a general belief that under
such circumstances the wife should
take but one-third. Such a rule was
never established by statute but be-
cause of the old K
law, which limited the inheritance
- of the wife to a third of the estate
of the deceased husband, the ali
mony oij a wife frequently was fixed
at this -Jum. I am glad to say. that
in Nebraska today the wife is not
limited, p a one-third interest in the
property, accumulated by their joint
efforts". '
Justice Morrissey then quoted, a
supreme court decision granting a
wife one-half of the joint accumu
lations and in another where the
court allowed itself to take into ac
count all of the property owned by
the parties at the time of entering
the decree, whether accumulated by
their joint efforts or acquired by
inheritance, and to make such
. award as proper under all the cir
cumstances disclosed by the record.
Jn the, latter the court held that the
wife Was equal to share in an in
heritance from the husband's fa
which was contested because
the husband held the , inheritance
vyas not a sum aided in accutnula
. t'on by 4he wife. The court divided
all the; property.
;"pivorces too Many."
''Unfortunately, we arc having too
many divorces and sound public pol
icy requires that they-be discouraged
rather .than encouraged, and I am
not encouraging them," Justice Mor
rissey declared. "They generally re
suit in the luin of the home and th-i
, dissipation- of the family fortune. I
am merely quoting the general rule
followed where decrees are entered."
A new statute passed by the legis
lature of 1907 dispersed a notion that
the .wife is entitled, upon., the death
of, her husband, to only the use for
life of a one-thir"d interest in her hus
band's estate, Mr.-, Morrissey stated.
The statute abolished dower, and in-
k ' stead of providing that the widow
shall have the income from one-third
of the property during her lifetime,
it gives to her a definite portion
. which becomes hers absolutely an-1
which she is free to dispose of by
w ill or: otherwise.
"It must be borne in mind in this
connection, however that the pro
visions of this statute do not prevent
the husband from making a will and
giving. the widow more than the
amounts specified," Justice Morrissey
said. , TThe provisions neither pre
vent men and women contemplating
marriage from executing contracts in
due form adjusting their property
rights, but the contracts must be iu
writing " J
Justice Morrissey concluded by
asking that his address be not ac
cepted as a complete textbook on ihe
liw of property or make the mistake
of reljwg upon his general outline
in case -question- affecting his hcar
trt' inferos arise.-1
Stockman of Iowa
Among Those Robbed
by Escaped Bandits
Lewit, Is, Jan. 3. (Special.)
Through the drugging of the chief
of police of Oklahoma City, three
men identified ai being the robber!
who held up and relieved Jlarry
Hopley, prominent Cats county
stockmen, of Hi diamond ring valued
at $-',000 hive escaped. Hopley and
two friends were held up and robbed
at the home of one of the latter. This
was several months ago while the
Cast county man was at Ihe Okla
homa state fair at a cattle judge.
The holdup men thade their escape,
but later were arrested for a mail
robbery in Arizona. Now they are
again at liberty. They were in the
custody of the Oklahoma City police
chief, who was given a drugged
cigaret by a stranger, supposedly a
pal of the robbers. When the of
ficer revived his prisoners had fled.
Parole Sought by
10 Doudas Convicts
, .1.1, , ; . ' '
Many Applications "Also Filed
From Other Parts of
h ' , State.
Lincoln, Jan. . 3. (Special.) Ten
Douglas county convicts in the
penitentiary will ask pardons-at the
next meeting of the board of par
dons and paroles.
They are Edward J. Ryan, serv
ing one to 10 years for receiving a
stolen automobile; James blnamek,
one to seven, larceny; Carson Cov
ington, one to 10, breaking and
entering; Orville Malone, one to 10,
receiving stolen automobile; James
Smith, one to seven, larceny; James
Smith, one to 20, forgery; Leon
Taylor, one to seven, larceny, as
bailee; Frank Clayton, one to seven
larceny; Kay Matthews, one to .10,
receiving, stolen property; Jack
Reed, one to 10, breaking and
entering. . ..
Clark Austin, negrq serving 10
years for murder, will ask commuta
tion. He ha been in since . April 17,
Tarole applicants outside Qmaha
arc: William H. Stoll, Platte, auto
stealing; Burleigh Patterson,
Dawes, auto stealing! William
Thomason, Richardson, auto steal
ing; John Welch, Lancaster, grand
larceny; Jerry Wheeler, Harlan, bur
glary; Fred G. Story, Kimball, grand
larceny; - Louis Ironshell, Dawes,
forgery; Frank Martin, Lancaster,
grand larceny; Bert Nisely, Furnas,
grand larceny; Frank Geiner, Lan
caster, forgery; Glen Brummett, Gar
den, horse stealing; Joseph L. Bey-
ett, Custer, hog stealing; George
Bays, Buffalo, grand larceny; Joseph
Svanda, Buffalo,' grand larceny; C.
E. Young, Knox, .. forgery; Jacob
Ondrauch, Saunders,, auto stealing;
Jerry Kunccl, Saunders, auto steal
ing; Henry Dawson, York, assault
to rob'; John Dempsey, Cherry, for
gery; Jacob trickle, Scottsblutf, for
gery; Claude j. nan, js.eitn, lorgery;
.Ralph Grnith. Buffalo, burglary.
t . Arthunj.Orr of Polk and Jack L.
Wilkerson of 'Morrill, serving three
and three and one-half years, re
spectivcly, on statutory charges want
their sentences commuted.
Fire in FufTnan Building1"
.. "at York Causes $5,000 Loss
Yqrk, Neb.f Jan. 3. (Special Tele
gram.) Fire was discovered at 4
this morning in the building owned
hv W. R. Furnian and occupied by
the Thompson cafe and the Wom
en's Community Home for Girls,
totally destroying the furniture and
fixtures, provisions and a large
fountain. The fire is thought to have
originated from an explosion in the
furnace room. The loss is estimated
at $5,000,. partially covered by in
surance. -
Packers Not Violating
State Laws, Says Stuhr
Lincoln, Jan. .3. No violations
were found of those provisions of the
statute relative to the sanitary con
ditions or that section prohibiting
the use of any place where food is
prepared for . sleeping purposes at
any of the larger packing plants at
Omaha or Nebraska City, says a re
port issued today by Leo Stuhr, sec
retary of the state department of ag
riculture, making public a report of
a special inspector who made an In
vestigation. ADVERTISEMENT.
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SISTERS OF CHARITY ENDORSE '
MERIT OF FATHER. JOHN'S MEDICINE
Used At Children's Home For
At the Children's Home in ICew
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In a recent signed statement the
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lit a great many iasti tut ions of a
Police Driver
May Lose Sight
From Accident
Right Eye .Injured Ly Glass
Flying From Windshield
Shattered by Striker's
Brick.
1'olic'c Chauffeur Michael Pilgrim
was cut by flying glass so severely
that he may lose the sight of his
right eye, when a brick was thrown
through the windshield of a police
emergency car which he was driving
in the- packing house strike tone
near Thirty-second and Q streets
about 5 yesterday morning.
Three policemen were iu the car.
They Hopped and searched the
neighborhood in the dark and later
arrested Walter Savicky, 5008 South
Thirty-third street, and Matthew
Macaithis. The latter had a long
dirk.
Pilgrim's injuries were dressed by
police surgeons.
There were several cases of petty
violence in the strike zone this morn
ing and a large grist of cases up in
police court. , .'. -
. Charles Ming, a Swift employe,
was struck 'on the head by a brick
at Twenty-sixth and N streets as he
was walking to work at 8 yesterday
morning. 1
Sam Police, 3107 R street, was ar-
resUd on a charge ot assaulting jonn
Jurita, S433 South Thirty-third
street, at 1 wenty-seventu aim w
streets.
The packers reported business
nearly normal. In the last five work
ing days -they -killed - 6,725 cattle,
20,749 hogs and 15,625 sheep, the
"Bier Five" reported. In the same
period 418 cars of finished products
were shipped out.
Flood Recedes;
Damage Slight
Crest of High Water in Ari
zona Passes Phoenix Rail
ways Still Suspended.
Phoenix-. Ariz.. Tan. 3. The crest
of the Cave creek flood, which en
tered the Salt river valley irrigation
district last night, passed through
Phoenix today without having done
great damage in the city. The dam
age in the rural districts also is be
lieved to be less than that done by
a Cave creek flood last August.
After efforts to divert the water
at a point northwest of the state
capital to keep the flood trom. the
capitol and fashionable residence
district in that vicinity had failed,
the water spread over a large por
tion of the capitol grounds. Thcri
was not sufficient volume of water,
however, for it to enter the building,
Traffic to and from the west over
the Atchison, Topeka & Santa F
and the Arizona Eastern railway
still was suspended tonight as a
result of cuts made in the embanio
ments on which their tracks are lo
cated. These embankments last Au
gust served as retaining walls and
caused the, water in the vicinity or
the capitol to reach a much greater
depth than otherwise would have
occurred. The embankments were
cut easily today to give the waters
free exit.
Some water still is coming down
from Cave creek but only in small
volume. -Taxi
Driver' Kills Self
After Quarrel With Wife
Following a quarrel with his wife
in their rooms at 2617 Harney street
Monday night, J. M. Kiner, 31, a
chauffeur for the Yellow Lab com
pany, picked up a .32-caliber revolver
and sent a bullet through his right
temple. '
Police found his wife, Viola, weep
ing hysterically over him. He was
rushed to Lord Lister hospital, but
died within a few moments.
Mrs. Kiner told police she was to
meet her husband in front of the
postoffice at 6 Monday night. When
he failed to appear she went home.
He arrived soon and they quarreled.
The couple had lived at the Har
ney street house for three months
and other residents there said they
were inseparable.
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France Accepts Root
Submarine Proposal
(leiillnunl Trvm fag On.)
would be liable to trial fr an act of
piracy. Jn regard to this also ac
ceptances still are awaited from the
otner foreign governments. Jt u
posnble that the dtlruatei' mstrtic
(ions will be sufficiently complete.
However, to permit a meeting of the
naval committee of the whole tomor
row. The French acceptance w
communicated to Secretary Hughe
by Ambassador )userand late to
day while proceedings of the confer
ence were passing through another
period of outward inactivity, but
while developments that touched on
several other important issues were
stirring behind the scenes.
The Chinese, moving to break
their deadlock with the Japanese
over Shantung, acted toward more
direct employment of the proffered
"good offices" of Secretary Hughes
and Mr. Balfour. - The heads of the
American and British delegations
were approached by the Chinese
representatives, and in some quar
ters' delinitc results are expected
within a few days. ,
Following the example of the
Americans, the British Rroup indi
cated it will have no objection to
the Japanese proposal to clarify
further the scope of the new four-
power .Pacific treaty, so that it will
not apply to the principal islands of
the Japanese empire. A definite
declaration, to, be approved by the
four signatory' powers, is under
stood to be in preparation."
' Meantime, work on two important
collateral features of the conference,
involving technical details of the
naval settlement and revision of the
Chinese tariff system, moved for
ward iu subcommittees. The naval
experts subcommittee spent today
clearing away remaining loose ends
of the naval agreement, and the tariff
subcommittee is understood to have
reached a virtual decision regarding
readjustment of-China's tariff sched
ule. , ..
Before the meeting of the tariff
body its chairman, Senator Under
wood of the American delegation,
conferred with Albert Sarraut, head
of the French group, and they are
said to have discussed the particular
interest of France in the new Chi
nese fiscal arrangement, arising out
of conditions along the border of
French Indo-China. The entire sub
ject of the open door is understood
to have been reviewed by the two
delegates with the result that tne
work of the subcommittee was
facilitated considerably.
The two principal towers of the
proposed Hudson river suspension
bridge, connecting New York and
New Jersey, will be as high as the
Woolworth building.
9 Gulf (toast
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Then why the European Riviera when in only a little
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EVERYWHERE
WEST
Mourning Wife's
Death, Merchant
Jakes Own Life
Husband uf Bluff Woman
Whoie Strange Malady Baf.
fled Specialist Shooti
Self at Office.
Arthur Hofi'mayer, SS, v.ent early
to the office of the V. C. DcVol
Hardware company, 504 West
Broadway, Council Bluff, yesterday
morning.
He has been an employe of the
company for decades and wai vice
president.
But yesterday morning lie did not
have his daily duties in mind. He was
going to end his earthly existence
and join hit wife, since whose death
last February he has been inconsol
able.
She died after a strance illness
that caused her to sleep for week,
lloffmaver scent great sunn of
money bringing specialists from far
places to try to cure her. She was
a 'sister of F.d Duquette, president
of the hardware company. ,
Uolfmaycr fired a shot into his
head with a revolver about 8 yester
day morning before anyone else was
in the hardware company's office.
He was found bv one of the com
pany's drivers and was taken to the
Jennie Fdmundson hospital, where
he died two hours later.
Storm Over Far West Moving
East, Weather Bureau Says
Washington, Jan. 3. The coastal
storm of Sunday night moved east
ward and last night its center was
east of Nova Scotia and moving east
ward, the weather bureau announced.
The weather continued cold yester
day in the Atlantic states, with freez
ing temperatures as far south as ex
treme northern Florida, while rising
temperatures were shown generally
in the gulf states.
A. storm over the far west, the
bureau' said, will advance eastward,
preceded by a general and decided
rise in temperature east of the Miss
issippi rives Tuesday.
Hastings Tribune Moves
Into Enlarged Quarters
Hastings, Neb., Jan. 3. (Special
Telegram.) The Hastings Tribune
today completed the task of moving
to new quarters and reinstalling all
machinery without missing an issue.
The building comprises three floors
and basement, about three times tha
capacity of the old building.
tween the North and Florida. The Southland.
Dixie Flyer, etc. Information and illustrated
literature cheerfully furnished. a
P. W. MORROW, N. W. P. A, i,
332 Marquette Bid., Chicago
F. M. DITTO, Trav. Passenger Agent
418 Railway Exchange Kansas City, Mo.
VIA THE
IA TUC
tales a little lonqer,
Phone Douglas 3580
L. W. WAKELEY
General Passenger Agent
1004 Farnam Street
Gov. McKelvie Plans
Tax on Public Officials
((allaiw4 trm Tg Ow.)
tion followed a three-hour coiifef-
ence between tha governor and
Chancellor Ssmurl Avery.
There was talk at the state houte
that the Omaha delegation .hould
do its iihare in lnitin that the
$75,0(H) appropriation for the Fort
Crook road be hew un by I restrain-
in order of the Lancaster county
district court and not appealed to
the supreme court.
States Favor Gs Tax,
The governor discovered another
democratic state, Louisiana, which
rinds the gasoline tax excellent in
its working. A letter from Cov
entor Parker of Louisiana to Gov
ernor McKelvie, says, in part:
A tax ot l cent a gallon on gaso
line is imposed here. This sum is
paid to a tax collector, the vendor
collecting 1 cent per gallon from
the purchaser at the time of pur
chase. It is a popular tax with the
people."
Coventor Cox of Maiacmihctt
has wired to Governor McKelvie ts
follows:
"I favor a gasoline tax and tl"!
legislature, which begins next week,
probably will impose one.
Governor Ritchie of Maryland
Writes. as follows:
"I am recommending a gasolii.e
tax to the legislature which meets
next week. Automobile association
of the state are all in favor of it."
Person Who Abandoned Baby
Sought by Beatrice Police
Beatrice, Neb., Jan. 3. (Special
Telegram.) rolicc are looking for
the person who last evening left a
baby boy a few hours old and
wrapped in a blanket in the yard at
the home of George Worrent, West
Beatrice. County Judge Messmort
today placed the infant in the. home
of an overseas veteran pending an
investigation. .
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Northwestern B
$2,000 Gems Lost;
Holdup Earns ?8
Negro Snatihf Woman"
Purse SIff jf r RoLbed
Man'i Trouper Stolen.
A' chamois bag containing a dia
mond necklace and other jewelry
worth more than $2,000 wss lost t y
Mrs. R. V. Cole, WI Farnam street
pear Sixteenth and Faniani streets,
she reported to police. The jewelry
was not inured.
Fred J. Wagner, 1'MJ South Thir.
ty-fifth street was held up at 2 yes
terday morning near Thirty-third
and Center street and robbed of $H.
Mrs. Blanche Herman. 2457 I'mk
rev street, told police that a neuro
snatched a purse containing irom
rrr as she was returning trom a
grocery store at Twenty-fourth and
I'inknry Mreets at noon Monday.
Chris Hansen, Globe hotel, was
robbed of $20 Monday tiitfht while he
slumbered . in the baocment of the
World-Herald building, he rcportd
o police.
A thief entered the home of Sam
Leonard, Zili Caldwell street, about
j yesterday morning . and escaped
with Leonard's trout.fr containing
$15.
Transport Argonne Sail.
Philadelphia, Ian. 3. The trans
port Argonne left the Philadelphia
navy yard today with 600 troops for
replacements iu the Philippines and
Hawaii. ,
The Argonne will touch at Hanip
ton Koads., Charleston, Santiago, San
Francisco, Honolulu and Guam.
Opens
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at the
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e phone
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uahm(ton, Jn, 1 resident
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With Cooling Zemo
This healing, liquid soothes all
skin irritations. It relieves Tetter
and rashes, does away with pim
ples and blackheads, leaving the
skin soft and clear. Excellent for
after shaving. All Druggists'.
FOR SKIN IRRITATIONS
Company
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