ASSERTED WILL WAS ARBITRARY Mortgage Holder Seekr Payment Though Instru ment Gave Instructions LINCOLN, NEB. — Attorneys f: the Northwestern Mutual Life In surance company tells the supreme court, in a printed argument Just filed in support of a Stanton coun ty district court decree that their $12,500 mortgage Is valid, that the other party to the action, John Hilli ard Peters, is attempting the im possible of trying to have his cake after he had eaten it. In the will of his father, John Peters, who died in 1915, there was a provision that none of the land left to his children should be sold for 10 years. John Hilliard, however got tangled financially, and at one time owed the Stanton National bank in excess of $36,000. The bank pressed for payment, and he gave a mortgage on the 200 acres he had inherited and upon which he lived Later, in settlement of all claims back and forth, he deeded the land to Andrew Spence, president of the bank, who borrowed the $12,500 rep resented by the mortgage of the life insurance company, and later sold the land to William F. Schulz, now in possession, for $40,000. Now comes Peters and asks for a finding that he is the owner of the title because during the time all of these transactions occurred, which Included his deed to the bank, the title could not be alienated because of the provision in the will of his father. Hence he had not conveyed any fee simple title, and the mort gage was given by a person without any title to the land. Attorneys for the insurance com l>any say that while the courts per mit reasonable restraint on aliena tion of a life estate, but it must be for a reasonable time and for a good reason. A court will not, they say, be put in the position of recognizing whims and hobbies as reasonable and thus be required to determine whether the time the whim is to en dure is reasonable. A reasonable period, they say, must have some ihmg by which to be measured, a.' until a drunkard reforms, until a flapper daughter gets married, oi until a sppnd thrift reaches a cer tain age. No reason is given in the will why the land should not be sold for 10 years, and being arbitrary it is against public policy and unen forclble, they argue. ATKINSON PIONEER DIES FROM FRACTURED HIP ATKINSON — Edward Jennings, Holt county early homes* ider and sod house dweller, passed away here. He fell and fractured his hip four weeks ago. He was almost 89 years old and was the last of the Jen nings family. Forty nine years ago, before the railroad reached Atkinson. Mr. Jen nings came to the United States from Ireland, and to Holt county, where he took a homestead and tree claim. He came alone, leaving his family across the water until hr l*»uld save enough money to send for them. This he did after1 four years In the sandhills. Besides tak ing care of his farm, he worked on the railroad and when the tracks were laid through Atkinson he was a member of the construction crew. BOY DISAPPEARED FROM TRAIN, BUT NOT KIDNAPED ALLIANCE — (Special) — Mrs. Hugh Brown of Miles City, Mont., had a bad half hour here when she thought her red-hatred, freckle faced son. 11 years old, had been kidnaped from the train. With the boy and baby, 1 >i years old, she was on her way to Lincoln. The train halted here and the lad climbed out. When It was time for the train to start, the boy could not be found. She feared he had headed for tire carnival grounds, which could be seen from the train. For 15 minutes the Burlington train was held and descriptions of the missing boy spread over the city, as rail road officials and employes hunted for him. The train then left and Mrs Brown remained. Fifteen minutes later two small boys ran into the station reporting that the lost boy was walking down the street. He was unconcerned over the excite ment he had caused by his disap pearance. Mrs. Brcwn and her children left on the midnight train fer Lincoln their destination. HASTINGS WOCLD BE RID OF TRANSIENT WORKERS HASTINGS—(UP)—As the result of trouble with transient workers and harvest hands. Chief of Police John Bramble has Issued an order to all such transient workers not having employment to leave town. When Acy Berry, of Clinton, Ia„ ridiculed Dewitt Light, of Dallas, Tex., for the latter’s boasts of how he could handle an 8-hc.rse team, Light drew a knife and cut Berry Saturday night. Both were arrested and are held in the county jail pending the filing of charges. Later at the police station, FARM LANDS ARE BK1NGING BETTER TRICES HARTINGTON— (Special) — The Dietrich Wacker farm of 240 acres north of Laurel was sold to Harry Worker for $150 an acre or a total of $36,000. Alfred Carlson also bought the Townside farm adjoining Laurel on the south for $17,000 or about $145 nr. acre lor the 120 acres. G. Henry Kohls of northeast of Hart.ngton has soid 160 acres to Ludwigng M Uiur.g for $108 an acre, or $17,330. PAYS 40-YEAR OLD DEBT AND ACCUMULATED INTEREST AURORA—A debt 40 years old, Incurred for a spool of barbed wire, was recently paid to R. L. Laurie, then one of the Laurie brothers hardware store. The debt was one by a Menonite farmer. He was then worried by debts, lor most of which his lather had gone as security. For the barbed wire, $6.35, he gave a note without security. Hard pressed by other obligations, he did not pay. and the debt was outlawed. Later he did other business with Laurie, but the barbed wire debt re mained nearly forgotten and un paid. A few days ago the farmer spoke to Laurie, and asked if the old note was still In existence. Laurie said the amount was $6.35, though he thought he could find the note. Toews insisted on paying Interest, and Laurie figured it at 6 per cent simple interest, and the old note was settled for $21.15. Laurie Is now 65 years old. The farmer is 70. COMBAT HORDES OF ARMY WORMS Farmers of Thurston Coun ty Successful in Battling Pests WALT HILL, NEB—(Special)— Army worms, millions of them, at tacked fields of small grain and corn In different parts of the coun ty last week. For a while it looked as though destruction by the invad ing hosts would be complete. All of the damage done was in the dis tricts that had been hit by hail dur ing June. Some fields of oats were completely taken but the corn was only slightly damaged. Three methods of combat were used by the farmers. Poison bait along the line of march of the pests proved quite effective Plowing of a furrow with the soil thrown to ward the oncoming worms proved to be very effective. The army would fall into the furrow and would be unable to climb the steel wall left by the coulter wheel. When the furrow became well filled with worms a log was dragged through it to crush the worms. Spraying grass and foliage along the line of march with arsenate of lead proved to be partially effective. Hot weather played an Important role in checking the advance of the army and by Friday evening the county agent and O. 8. Bare, en tomologist from the college of agri culture discovered an insect enemy of the worm present in great num bers. When this parasite was found the men concluded that the battle was over and that the army worm was going to come out of the battle second best. The parasite is called “Wlnthemla quadripustulata” but in spite of its name it is much feared by the army wormc. Army worms have been damaging crops in Cumming. Pierce and Thurston counties in Nebraska and in several northwestern Iowa coun ties. There Is no record of army worms working in the same neigh borhood two years in succession. LIFE INSURANCE MAN TURNS DOWN STATE JOB LINCOLN—M. L. Palmer, Lincoln life Insurance general agent, from whom a reluctant consent to allow his name to be submitted as a can didate for state Insurance commis sioner was wrung by a group of rep resentative insurance men, has writ ten the governor that under no cir cumstances will he accept the place. The governor had asked him if he would take It, and he had said that he would. This was a month ago, and all efforts of insurance men to induce the governor to act since then have been truitless. Mr. Palmer, who was taking a Job that pays less than his general agency, discovered that the mutuals and a group of compan ies who are charged by competitors wUh unfair practices wore bringing pressure to bear on the governor not to name him, and he promptly wrote the governor that If he felt any re sponsibility for the half offer made him that he could consider him self free to name anybody he wanted. In the letter he said that suffi cient time has elapsed for consid eration of his name, and he wanted to withdraw any inference that he would accept even £ tendered the position now. SUES LINCOLN BANK FOK CONSERVATION FUND LINCOLN—(Special)—The state tanking department has sued the Continental National tank of Lin coln for $13 5S0, the amount cf mon ey that bank had contributed, when holding a state charter, to the bank ers’ conservation fund, designed to finance as going concerns the failed banks taken ever by the guaranty fund commission. The bank was one of the depositories for the commis sion, and after the commission was put out of existence late in April the department sought to draw out Its balance in the Continental bank. The bankers withheld and still re fuse to pay the conservation fund contribution. NErr.ASKA WOMAN IS APPOINTED CONSTABLE CMADRCN—As far as can be de termined the first woman constable 1 in Dawes county is Mrs. H. E. Der ringer, at Marsland, in the south west corner rf the county. Mrs. Ber •ir.ger vss recently appointed by the Marsland justice of the peace. C P While f ling hrr bond with the ! ■cunty tier!:. Csrur Johnson. Mrs j ictvnr.r r. d. "It is impossible to 1 ve in Man lands without someone 1 o L.up '.he pc re.” WEEKLY SUNDAY SCHOOL LESSON The Courage of Faith Text: Daniel 6:10. 11, 16-23 Now when Daniel knew that the writing was signed, he went into his home; and, his windows being open in his chamber toward Jerusa lem, he kneeled upon his knees three times a day, and prayed, and gave thanks before his Gcd, as he did aforetime. Then these men assembled, and found Daniel praying and making supplication before his God. Then the king commanded, and they brought Daniel, and cast him into the den of liens. Now the king spake andsaid unto Daniel, Thy Gcd whom thou servest continually, he will deliver thee. And stone was brought, and laid upon the mouth at the den; and the king sealed it with his own signet, and with the signature of his lords, that the purpose might not be changed concerning Daniel. Then the king went to his palace, and passed the night fasting; neither were instruments of music brought before him: and his sleep went from him. Then the king arose very early in the morning, and went in haste unto the dens of liens. And when he came to the den, he cried with a lamentable voice un to Daniel: and the king spake and said to Daniel, O Daniel, servant of the living Gcd. is thy God, whom thou servest continually, able to deliv er thee lrom the lions? Then said Daniel unto the king, O king, live for ever. My God hath sent his angel, and hath shut the Hons’ mouths, that they have not hurt me: foreasmuch as before him innocency was found in me; and also before thee, O king, have I done no hurt. Then was the king exceedingly glad for him, and commanded that they should take Danel up out of the den. So Daniel was taken up out of the den, and no manner of hurt was found upon him, because he be lieved in his God. • • • • • The International Cniform Sun ihy School Lr««on for August J1. The Courage of Faith. Daniel 6:11), 11, 16-23. BV WM. E. GILROY, D. D. Editor of The t'ongrr(rationalist. What we have heretofore said concerning the Book of Daihel ap plies, also, to this lesson. Whether the book be an apocalypse like the Book of Revelations, or a transcript of literal history, the character of the man who stands forth in these pages and in this incident is clear. Daniel is the type of man who knows no fear where duty is in volved. So far as actual life Is concerned It was never, perhaps, altogether a right teaching that the arm who does right will never suffo for It, or will always be miraculously de livered from the persecutions of his enemies even though his danger be that of a den of lions. The New Testament at some points, especial ly in its story of Jesus Christ, cor rects some of the philosophies that have been too readily based upon the prosperity and happiness of those who follow the way of truth. The story of Calvary reminds us that there are real crosses in life and that there is such a thing as suffering for conscience sake. Willing to Suffer The real point about this story is not Daniels deliverance, but Daniel’s willingness to suffer and die, if need be. for the sake of his conscience. On the whole it is amazing in life what deliverance comes to such men. Sometimes the cross which they are willing to bear is spared them, but there would be no meaning in the deliverance if Daniel had been fearful of the re sult or had hesitated for a moment in the performance of his duty. The teaching of the New Testa ment re-enforced by the experi ence of Jesus and the experience of has early disciples is that, no matter what befalls a man, God i? with him and right is triumphant. Here in the lesson we have set before us the things that may sus tain a man in his purpose to do right and in his attitude of courage. Daniel’s life was founded in real re ligion. He found a helpful disc.p line in prayer and in the reverence for sacred things. His windows were open toward Jerusalem—that is, there was the love of spiritual Zion in his soul. A man cannot ever rise very high In whose soul there is no sense of holiness. Nor did Daniel merely kneel in the prayer of petition and reouest. Like Paul at a later tune, he'mingled thanksgiving with pray er. There is strength in the man who can alwavs find something in life for which to be thankful. This religious faith and attitude lifted Daniel above convention and in a sense above law. It is one thing to b? lawless and quite an other thing to live above law. Dan iel dared to disobey a command that impinged upon hi;, religion; but English Compulsory For Bohemian Youth PRAGUE— , widow of the late president of the Battle Creek Valley bank, has been named head of the bnnk to succeed her husband. All of his shares of bank stock parsed to her at his death. She will take no active part In the management of the bank’s af fairs. but she is believed the only closely approaching the $1,000,000 mark. EPWORTH LEAGUE OPENS SESSION AT LINCOLN LINCOLN—(UP)— Several hun dred Nebraska Metnodists poured into Epworth Lake park here Wed nesday for the 33rd annual Epworth assembly, scheduled to open Wed nesday evening. MERIDIAN HIGHWAY HAS ITS ANNUAL ELECTION MADISON—(UP)—W. H. Keler meir, of Bruning, Neb., was elected president of the Nebraska division of the Meridian Highway associa tion at the annual meeting held here Tuesday. Other officers are: Ernest Raasch, of Norfolk, vice president; I. N. Dawson of Madi son, secretary-treasurer. Dr. F. A. Long, of Madison, inter national vice president, and the past president, F. G. Humphrey, of Nor folk, were elected delegates to the national office of the association in North Dakota to make arrange ments to hold an international meeting at some central point along the highway. GOVERNMENT FAILS TO PROVE CONSPIRACY CHARGE OMAHA —(UP)— Gene Living stone, alleged alcohol baron, made a mistake when he jumped a $3,000 bond to flee from a liquor charge in which he was jointly indicted with George Kubick and George Johnson, it developed here Tues day. Federal Judge Woodrough threw out the conspiracy count and or dered Kubick rearrested on a pos session and transportation charge The court held that :he governmen' failed to produce ev.dence of con sDirnrv FRANCHISE TAX IS BIG QUESTION Public Utilities in Nebraska Seek to Evade Law Fixing Values LINCOLN, NEB — (UP) —While the state board of equalization Wed nesday was hearing protests of utili ties to the proposal to collect a franchise tax, Attorney General C. A. Sorensen In an opinion given Governor Arthur Weaver, declared the board has power to levy such a tax. Although the law providing for the taxation of franchise value of companies engaged in street rail ways, water works, electric lights, gas works, natural gas. mining, ex press, telegraph, telephone business in the state, was passed in 1921, it appears that only the Western Union Telegraph company and the express company have paid the franchise tax, Sorensen said. The attorney general expressed the opinion that millions of dollars wmrth of franchise values of power and telephone companies had ap parently escaped taxation. The hearing was partly che re sult of the request of companies which had stated that if the board fixed franchise values, they desired a hearing on the amount and meth od of arriving at franchise values. Thorne A. Browne, of Lincoln, was at the meeting to represent John F. Cordeal, of McCook, a representa tive of the Nebraska Light and Pow er company, of McCook, who said the notice of the meeting reached him too late to permit his coming to Lincoln. Among other companies represent ed were the Central Power company of Grand Island, represented by William Suhr; the Nebraska Power company, of Omaha, by Roy Page; the Iowa-Nebraska Power company, of Lincoln, by George A. Lee. SMALL GRAIN YIELDS ARE ABOUT AVERAGE BLOOMFIELD—(Special)— Small grain harvesting is almost com i pleted in this territory. Some threshing has been done. Barley Is yielding good, but oats were some what damaged by rust. However, the yield is about average. TO ORGANIZE FIGHT ON M. W. A. RATES BEATRICE — (UP) — The next step in the fight to prevent the Modern Woodmen of America in creasing rates to members as planned by the head camp in Chi cago will be the promotion of mor< state wide conventions, it is pointed out here. Conventions are to be held in about a dozen states and it is ex* pected that resolutions will be adopted at each of these, backing the Beatrice camp in its fight, it was learned. A convention for Iowa Woodmen is scheduled for August 7 at Des Mo nes, to be followed immediately by a Kansas convention at Topeka. Later, a convention will be called for Illinois camps, to be held prob ably at Walnut. Similar meetings are being planned to Missouri, Wis consin, Minnesota and South Da kota. Plans for these conventions are being worked out by O. B. Hatch of Lincoln and several others in the employ of the Beatrice camp. It is their purpose to have ertry state form an organization to function under the direction of the Beatrice committees. The Woodman office here re ceives large stacks of mail daily, many letters containing money con tributions to the fight and others assuring moral support. Illinois, es pecially, is enthusiastic in its sup port. SAYS SEARCH BY DRY AGENTS MADE HER ILL OMAHA—(UP) — Mrs. H. Mar cus, wife of a south side merchant, complained to authorities that she had been made ill when liquor agents insisted on searching her home for a still. After searching the place from cellar to garret they drove away. Later they found the still half a block down the street. James Marino was Arrested and his lO-gallon whisky apparatus seized. Agents said they had smelled the still and thought the fumes were emanating from Mrs. Marcus’ home. The woman claimed they did not have a search warrant. Mrs. Marcus claimed to have been con lined to her bed for two days as \ result cf the raid. FORMER WAYNE PASTOR EXPIRES AT LINCOLN LINCOLN — (Special) — Rev Walter William Theobald, whe was minister of the Baptist chur(h at Wavne, for eight years prior to 1902. died Wednesday at his home in University Place. He was 6!) years old. and had twice been may or of the Methodist suburb of Lin coln. He was instrumental In erect ing new church edifices at Wayne and Tecumseh, where he latei had a pastorate. He had previously served Wisconsin churches. At one lime he was district secretary of the Baptist conference. He . is survive'’.' by his wife, one son and one daugh ‘er, and has four brothers, two o' whom. S. R Theobald and H. W Theobald, reside at Wayne, Rev. Mr. Theobald engaged in merchandising after leaving the ministry. YOUTH TO FACE CHARGE OF MURDER ATTEMPT PLATTSMOUTH—(UP)—Assured hat Miss Mildred Fleming, 22 years old. Plattsmcuth school teacher would recover, County Attorney Kieck filed charges of assault with intent to murder against Ralph Hiner, 16. Hiner, who is held for safe keep ing in county jail at Omaha, is ac cused of striking the girl seven timer with a club Saturday night He wil’ be arraigned here this week. Miss Fleming's condition is re o or ted good in an Omaha hospital