DECIDES M
OF MRS.
State Supreme Court Reverses
Bauer Will Case
The supreme court has decided
pnn the case of Sarah Matilda Pet
vrson of Cass County, in her favor,
thus setting aside the will of John H.
Bauer and enforcing an oral con
tract made when the plaintiff was
nine years of age and was adopted by
him as his daughter. It was proved
that he agreed to give her one-half
of his estate when he died. Before
his death he willed his property to
relatives. The court holds that the
oral contract Is enforceable and the
decree of the lower court is reversed
and directions given to enforce the
oral contract. The plaintiff re
mained In the home of Bauer for
eighteen years. The contract enter
ed Into orally was made by Bauer
and her father, Samuel Nixon.
Judges Faucett and Root having
been attorneys in the litigation did
not sit when the case reached the
supreme court. Iu this connection
II. M. Sinclair has suggested that
the clerk of the court should get a
rubber stamp and use It on every
opinion rendered by the court, the
stamp to bear this legend, "Sullivan
and Oldham not Bitting." State
Journal. ,
The above case was tried In this
county before Judge Paul Jessen
.whose holding was that the wll took
precedence over the oral agreement.
The plaintiff claimed half of the
estate left by deceased and based her
claim upon a contract made between
the elder Bauer and her father at
the home of the latter In 1871.
Plaintiff's father was a homestead
er and in very humbla circumstances.
His name was Nix and with his fam
ily he was living in a dugout, while
holding down" his claim and at
tempting to wrest from the soil1 a liv
ing for several small children, his
wife having died the year before.
Bauer lived nearby and even at this
time was blessed with more of this
world's goods that most of his
neighbors possessed. His wife was
not in the best of health and he had
no daughter, though he was the fath
er of a son, the principal defendant
in the suit which has Just been de
cided. When Agreement Was Made.
Tho testimony which was given In
the trial of the suit was to the effect
that Farmer Bauer sailed at the dug
out of Farmer Nix one afternoon In
MAY GET
STATE HOME
Plaltsmouth Odd Fellows Working
Hard to Land Prize
Plattsmouth Is in the race for the
state home of the Odd Fellows This
announcement can be made with au
thority and tho local members of
the order are sparing no efforts to
land the prize. Tho home committee
Is now visiting the several towns and
cities which are candidates, there be
ing a large number of such places,
and they will make a report to the
next grand lodge setting their fa
vorite location. The grand lodge
will make its selection at the next
session
The order requires not loss than
one hundred and sixty acres of land
and as much more as they may de
termine to purchase. This land Is
not to be donated to the order but
they desire to make the selection of
the location and then buy the land.
That they could do better elsewhere
than here, cannot be believed as
this city Is an Ideal location for
such a home. It Is high, rolling land
easily drained, healthy beyond crit
icism and land which Is easily In
reach of the large cities of the state.
A home at this point would furnish
Ideal market facilities for farm pro
ducts should tho order care to prac
tice farming at Its home. It would
be within easy roach of the market
of this city, Nebraska City, Oma
ha and Lincoln, something no other
city bidding for the prize can point
out. For tho members of tho order
who are 111 there could ybo nothing
finer than a home In slht of tho
high bluffs of the Missouri River,,
bluffs which nn a pleasure to t ho
eye at all seasons of the year wheth
er thoy bo clothed In tho green robin
of spring, tho deep foliage of Hum
mer, tho golden and russet of nu
tunin or niantnlcd In tho white folds
of winter. To tho weary and worn
discs hlllx will art an n tonic of na
ture. These many advantages should
and will bo pointed out to tho homo j
committee when It reaches this city j
on lis traveln nnl it Is to bo hoped i
FAVOR
PETERSON
1871 and proposed to the widower
that tho latter allow uim, Bauer, to
adopt Nix's nine year old daughter
"Tillie." Three witness testified
that they were present when the
proposition was made and accepted
and the bargain entered into. Bauer
had said that he wanted a daughter
and if Nix would allow Tillie to come,
he would adopt her and leave her
half of his property when he died.
The girl went to the Bauer home and
lived there until she was twenty-seven
years old. She was known as Tillie
Bauer and was baptised under that
name; in fact she was always treated
as a daughter, was referred to by
Mr. and Mrs. Bauer as such, was so
generally recognized.
She Performed Her Part.
The opinion of the court recites
that the testimony showed the young
woman to have been faithful and in
dustrious and to have in every way
conducted herself as a daughter
should. It was also shown that the
supposed foster father had said that
she was to have half of his property
at his demise. She only left his
home when the younger Bauer re
turned there with his wife. She had
then been an inmate of the household
for eighteen years and Bauer recog
nized her right to leave.
The present suit was brought to
compel the specific1, performance of
the oral contract made at the time
Bauer was alleged to have agreed to
adopt the girl and leave her half of
his property. The district court
found in favor of the defendants and
ordered the cause dismissed. The
judgement is now reversed and the
case remanded. The supreme court
says that an oral contract to adopt
the daughter of a stranger and leave
her property may be enforced by
specific performance where she has
fully performed her part and estab
lish the agreement by clear and sat
isfactory evidence. In such a case,
evidence that a testator had made an
oral contract to adopt the daughter
of a stranger and leave her one-half
of his estate at his death may bo cor
roborated by his statement to wit
nesses, of his purpose to do so.
The court further says that wheth
er an oral contract to devise realty
shall be enforced by specific perfor
mance after it has been performed by
the plaintiff, depends upon the facts
and circumstances In each case.
the committee will see these as the
local members see them.
It will be a big thing for this city
should it land this rich gift. The
Odd Fellows the the largest frater
nal body in the world and extend
their scope to include every country
on the globe. In genuine charity
and help this order is without a peer
and too much praise cannot be given
it. It would aid the community
largely by its coming to establish a
home among us and every citizen
should do all he can to see that the
advantages of the city as a location
are appreciated.
Neighborhood favorite.
Mrs. E. D. Charles, of Harbor,
Maine, speaking of Electric Bitters,
says: "It is a neighborhood favor
ite hero with us." It deserves to be
a favorite everywhere. It gives
quick relief In dyspepsia, liver com
plaint, kidney derangement, mal
nutrition, nervousness and weakness
and general debility. Its action on
the blood as a thorough purifier
makes It especially useful as a spring
medicine. This grand altedatlve ton
ic la sold under guarantee at F. G.
Frlcke & Co's drug store. 60c.
RAD QUIT WORK
READY TO GIVE UP IN DESPAIR
Restored to Health By Vlnol
"I was sick, run-down and finally
had to give up wort After trying
a number of remedies and several phy
sicians, I was just about ready to give
up In despair. I saw Vlnol ad
vertised and decided to try it,
and It has done more good for
me than all other means combined. It
has built me up and restored my
strength until I now feci twenty years
younger, and am able to attend to my
work again as usual." Job Jeavons,
1030 LInd street. Wheeling, W. Va.
The reason Vlnol Is so successful In
such cases Is because It contains tonlo
iron and all of the strengthening
blood-making and body-building tie
mcnts of cod Ilvcr oil, but no oil.
Vlnol Is unexcelled as a strength
creator for old peoplo, delicate children,
weak, run-down persons, and after
sickness nnd Is the best known rem
edy for coughs, colds and bronchitis.
We return your money If Vlnol fails
to give satisfaction.
GE!i!il3 6 CO., Bruggisls,
FRIEND OF
T. J. Pickett Instrumental in Secur
ing Nomination for President
Burlington Agent V. L. Pickett
has a proud distinction this year. As
all know this year is the centenary
of the birth of Lincoln. He was
born on February 12, 1909, just one
hundred years ago next Friday. At
the time when Lincoln was first com
ing into prominence in public life,
the fatht-r of Mr. Pickett, T. J. Pick
ett by name, edited a paper in Rock
Island, 111.', then a flourishing coun
try town. He was an ardent repub
lican in politics and his paper was
the brand of fc.s editor. Taking so
keen an interest in political affairs,
the elder Pickett conceived the idea
of organizing the republican editors
of the state of Illinois into an asso
ciation. For this purpose he was
back of a meeting called for Rock
Island.
During this period the famous
Lincoln-Douglas debates took place
and the country was ablaze with par
tisan rancor. The' mutteriiiga of the
coming storm which was later to
shake the republic to its foundation
and drenched the soil in fraternal
blood, were to be heard upon every
hand. Fired with the spirit of the
times, the elder Pickett had listened
to the debates and in Lincoln he
saw the coming man of the hour. To
his mind Lincoln appeared as the
logical candidate of the occasion and
he yearned to hoist his name at the
head of his paper as the candidate
for the presidency of the then new
and vigorous republican party.
He conceived the idea of having
Lincoln come to the Rock Island ed
itorial meeting and address the ed
itors whom he had gotten together.
As the aftermath of this speech
Lincoln's name was to be sprung
upon the country as a candidate for
president.
With this scheme in mind Mr.
Pickett on April 13th, 1859, ad
dressed Mr. Lincoln a letter a por
tion of which is set out In Nicholay
and Hay's Life of Lincoln, as fol
lows: "I would like to have a talk with
you on political matters, as to the
policy of announcing your name for
the Presidency, while you are in our
city. My partner and myself are
about addressing the republican ed
itors of the state on the Bubject of
a simultaneous announcement of
your name for the Presidency."
On April 16th, 1850, Mr. Lincoln
answered the letter as follows: '
"Springfield, April 16, 1909.
"T. J. Pickett, Esq.
"Dear Sir:
"Yours of the 1.1th Is just received.
My engagements are 'such that I
cannot at any very early day, visit
Rock Island to deliver a lecture, or
for any other object.
"As to the other matters you
kindly mention, I must In candor
say I do not think myself fit for the
Presidency. I certainly am flatter
ed and gratified that some partial
friends think of me in that connec
tion; but I really think it best for
our cause that no concerted effort,
such as you suggest, should be made.
Let this beconfiedntlal."
A. Lincoln.
This letter was retained for a long
time by Mr. Pickett who eventually
disposed of it to an autograph hunter
who In his turn disposed of It to an
historical collection which contained
a rare number of Lincoln's letters.
In all complete lives of the lamented
President wherever an effort was
made to discover who was first re
sponsible for the suggestion of Lin
coln for the Presidency, credit Is al
ways given to Mr. Pickett as being
the original Lincoln man.
V. L. Pickett recollects well hav
ing seen the letter which has now
become historical, many times and
he has always greatly regretted it
getting out of the family. It has
now a great value as a piece of writ
ing In a great measure responsible
for the course of the republic In later
years.
Reason Enthroned.
Because meats the so tasty they
the consumed In great excess. This
leads to stomach troubles, bllllouB
noss and constipation.. Revise your
diet, let reason and not a pampered
appetite control, then take a few
doses of Chamberlain's stomack and
Liver Tablets and you will soon be
well again. Try It. For sale at P.
G. Frlike'8 drug store. Samples
free.
Old Fashioned People.
Tho Women's Auxllary of St.
Luke's church will give an old fash
ioned concert nt tho homo of Mrs.
K. W. Cook, Tuesday evening, Feb
ruary 16. An excellent program has
been prepared, and a good time Is
looked for. The admission will bo
STic, and nil nro Invited to attend,
nnd nil nro requested to dress In
old fashioned costumes.
F. A. Cromer, one of tho Jurymen,
Is registered today at tho Hotel Per
kins, coming In this morning.
lVculiar Accident. j
Harvey Harger who works for!
John P. Triraeh southwest cf the cii,,
Monday afternoon was the victim
of a peculiar accident. He was quite
fortunate In not sustaining any very
dangerous injuries but he was se
verely bruised and had a few small
cuts to show for his experiences. He
was going home from the city in
company with William Gilmour. the
two gentlemen riding in a spring
wagon of the latter, and Mr. Harger
leading his team which was bitched
to a lumber wagon, behind the
spring wason. Frcn; some cau his
team became frightened and pulled
him out of the spring wagon. As
the team started to run away, he
fell directly in their path and they
passed over him Fortunately the
horses did not strike him fairly, one
of them alone stepping on his foot
which was cut a little and bruised
but the wagon passed over Jiis body
about the abdomen and back and
badly bruised him up He was
brought to this city by Mr. Gilmour
at once and taken to a physician's
office where his Injuries were pro
nounced to bo not serious but very
painful. The team ran on to the
farm of Aug. Steppat where they
were caught. Neither they nor the
wagon were Injured. It will be quite
a little while before Harger can get
around In good shape again.
TO SOUND
EMBERS
Democratic Caucus to Find How Mem
bers Stand on County Option
The oponents of copnty option in
the house have become alarmed over
some recent developments, and they
propose to make an attempt to either
And out how the majority of the dem
ocratic majority stands on the ques
tion and possibly make opposltlon-to
any legislation against the liquor
interests a party measure.
A call was being circulated this
morning by Col. Bates, representing
the district composed of Cass and
Otoe counties, for a caucus of the
house at 8 q;clock Wednesday eve
ning. The object of the gathering
is to find out just where the ma
jority stands. While there is a num
ber of tho members who made their
fight at the polls on this Issue, there
Is a considerable number who arc
not committed definitely one way
or the other on the proposition, and
the caucus is for tho purpose of enab
ling those friendly to the liquor in
terests to find out where these men
stand and who they are before the
matter conies up on the floor of the
house or before It is definitely de
cided whether it is best to choke off
consideration of this legislation.
Another object of the caucus Is
to put a curb and bit upon tho inde
pendents democrats in the house
who have not taken kindly to the ef
forts of some of tho members to
make everything possible a party Is
sue and lino up the house on par
tisan lines. Some comment to the
effect that the republicans are run
ning the house through a combina
tion and working agreement with
the republican minority has been
heard, and this has led to these dem
ocrats being termed insurgents. The
caucus will attempt to repress Insur
gent tactics, and force these recalcit
rants whose offense seems to be that
they do their own thinking to fol
low the direction of tho leaders. It
Is figured this can be done by mak
ing certain matters party questions.
Whether it is the intcntlen to at
tempt this on county option, with the
democrats taking the antl side is not
definitely known, but as the most act
ive men are against county optlan,
this Inference Is being made. Lin
coln News.
Keeping Open House.
Kverybody is welcome when we
feel good and we feel that way only
fwheu our digestive organs are work
ing properly. Dr. King's New Llfo
Pills regulate the action of stomach,
liver and bowels so perfectly one
can't help feeling good when ho uses
theso pills. 25c at P. O. Frlcke &
Co. 'a drug store. .
Fruit Tree True to Name.
I am the agent of tho E. L. Watrous
Nursery, of Dos Moines, la., tho most
reliable Institution of Its kind In tho
west. Every tree tested In the nur
sery before being sent out. I have
dealt In nursery stock for years and
can say this stock Is correct In every
respect and prices right. If In need
of anything drop me a postal card
nnd I will call.
First class ornamentals of every
description.
C. C. Denpaln.
Suffering mill Dollar Knveil.
K. S. Loper, of Marllla, N. Y. says:
"I am a carpenter and have had
many severe cuts healed by Dm kiln's
Arnica Salvo. It hns saved mo suf
fering nnd dollars. It Is by far the
best healing salve I have ever found.'
Heals hums, sores, ulcers, fver
pores, eczema nnd plies. 2."e at F.
(!. I'lliko & Co.'s drug store-.
WORK THAT TELLS
Plenty of It Has Been Dene Right
Here in Plattsmouth
Waiting doesn't pay.
If you neglect the aching back,
Urnny troubles, diabetes, surely
follow.
Doun's Kidney ills relieve back
ache. Curo every kidney ill.
Plattsmouth citizens endorse
them.
E. M. Buttery, corner Sixth and
Walnut streets. Plattsmouth, Neb.,
says: "It did not require a long use
to prove to me that Dona's Kidney
Pills are a remedy of merit. I
often had pains in my hips, so severe
that I could hardly work and there
was also a lameness across my loins.
I had reason to believe that these
troubles were caused by disordered
kidneys, and hearing Doan's Kidney
Pills so highly spoken of, I made
up my mind to try them. I procured
a box at Goring' & Co."s drug store
and they brought prompt and effect
ive relief." (Statement given June
19. 1906..)
On December 29, 1908, Mr. But
tery said: "I still have a good word
to say for Doan's Kidney Pills. I
heartily confirm the statement I
made over two years ago in their fa
vor." '
For sale by all dealers. Price 50
cents. Foster-Milburn Co., Buffalo,
New York, sole agents for the United
States.
Remember the name Doan's
and take no other.
Mules Ran Away.
Jim Lee Monday evening was the
central figure in a fine runaway
which spilled him along Main street
with several loud and resounding
bangs and crashes. James is the
proud possessor of a team of long
eared mules which he had driven
to the city during the day and which
he thought hg would drive home in
the gloaming. To this end he got
into the wagon and started for the
hearthstone. Near the Boeck build
ing at Sixth and Main streets' tho
team took fright and hurried down
the street depositing James upon the
hard and stony way. At Bach's store
on lower Main street Will Ferguson
corraled the fiery steeds and eiv
deavored to drive them to their
stable. In this he, also, suffered
a dire fate In that lie too spilled
upon the hard and cold earth while
tho team galloped madly away In
the night. The team was found yes
terday morning In tho door yard of
William Burke in South Park, hav
ing celebrated to their heart's con
tent. Neither' team nor wagon were
injured. Lee was considerably
bruised up from tho violence of his
lighting while Ferguson also sus
tained minor bruises. They were
both lucky In their escape.
Snow Plow (Joes in Ditch.
A Burlington snow plow, after
bucking tho drifts all day yester
day on tho O'Nelll-Sloux City line
went Into the ditch last night near
Warham. No one was Injured but
It was thought It would tako sev
eral days to restore tho O'Neill line
to a condition where traffic could be
handled without delay. In some
cuts tho snow was eighteen feet deep.
In many places the engines pushing
the snow plow got stuck and It was
necessary for the men tq shovel their
way out.
A pure grape cream of
tartar powder. Its fame
is world-wide. No alum,
no phosphatic acid.
There is never a ques
tion as to the absolute
purity and healthful
ness of tlie food it raises.
Q
It was repcru-d that two engines
and a s.inw j!ov ca the Omaha road
near Emerson were in the ditch, and
that the road would be tied up there
for several days.
Reports from the lines in north
Nebraska Indicate a much worse
storm than in this vicinity as much
more snow fell and the drifts the
very deep. Kven along the main
line of the Union Pacific in west Ne
braska Mere was more trouble than
here. One Union Pacific passenger
train was stalled for several hours In
a drift near Wood River.
Snow plows yesterday opened the
K. C. & O. line of the Burlington,
Kitting through to Alma about 5:30
p. m. The trip was a difficult one
and in many places the engines got
stuck.
Plows got through on tho lines
north of Aurora last evening, reach
ing Burwell and Sargent about 5
p. m. Drifts were very deep in this
section. These lines will be opened
to day for rqgular business. Only
westbound business was handled on
these lines yesterday.
Trains from the east on the roads
were behind time yesterday, the ef
fects of the storm in Iowa and Illi
nois causing them to reach the Mis
souri river late. The weather had
cleared in the west and the temper
ature had risen rapidly. Barring a
fey branch lines In the state tied up
by drifts traffic will move with reg
ularity today. State Journal.
I'ann for Sale.
I am offering a farm for sale two
miles southwest of Mynard at ninety
dollars per acre. Also one 3V4
miles south of Murray.
Earl V. Cole,
Mynard, Neb.
T. W. Vallery, the lightning rod
man of Murray, came to the city to
day to take out a load of material
which he ordered a few days since
from Council BlufTs. He discovered
on checking It up that he had not
received all he had ordered and his
work will bo tied up In consequence.
He is rather distressed and exasper
ated at tho mistake as It meant loss
to him.
XOTICK TO CHKIHTOIIH.
State of Nebraska, Ciihh County, sh.
In County court:
In tlie mutter of the estate of August
Stohlman, deepened.
Notice Ir hereby given ttmt the
creditors of said deceased will meet
the Adiiiinixtritirix or mild pctiite, be
fore nio, County Judge of Cans County,
NeliiHHka, Ht the County Court room In
riHttxmouth, In mild County, on the
Nth day of Mnri'li, li!, und on the 8th
iluy of September, l'.IUSl, at 10 o'clock
11. m., each iluy, for the hiiiohh of pre
ncnting their clnlm for exumlna
adjustment and allowance.
Six montliK nro ullowod for the cred
itor of mild deceased lo present their
t-laiinx, and one year for the Adminis
tratrix to settle mild estate, from tho
Slh day of March, 1909.
Witness my hund nnd ninl of said
County Court, ut I'liUtNinouth, Ne
braska, tills Slh day of February.
1909.
Allen .1. Tieeson,
County Judge.
MI'I'ICK OK i'ikiiiviim; ok will.
In tho County Court of Cuss County,
Nc hraxkn.
In the matter of tlie estute of Jotin B.
MelHlnger, deccnHcd.
TO AM, I'KliKONS INTEItESTEn OR
CONUIOItNlil):
You are hereby notified thnt a
Cetltlon has been filed In the County
durt of Haid Cuss County to probate
a will purporting to be the last wilt
of John li. Melslnger, deceaxed, and
for the appointment of the executors
named therein. There will be a hear
ing upon Haid petition at my office In
the Court House In tlie City of l'latts
mouth, Cass County, Nebraska, at ten
o'clock a. m. on the first day of March
1909. and all objections thereto must
be filed prior to said hour, and at said
time such orders will be made In the
premises as the Court may deem just
and proper.
Allen J. Beeson.
. . County Judge.
D. O. Dwyer,
Attorney.