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About The commoner. (Lincoln, Neb.) 1901-1923 | View Entire Issue (Nov. 20, 1903)
iiwmu?jmMfww - f 'A to V. - The Commoner ISSUED WEEKLY. Fntercd at the postoffice lit Lincoln. Kebrask, ai second- OflHtBiail matter. 0ne Year fi.e ilxft cntha Sc fci Club t g or er, per year 75 Tliree tfsitths a Single Cpy f Eampl Cepie Fra. Feretga Peetarc 52c Extra. SUBSCRIPTIONS can be rent direct to Tha Cewaaoaar Tbcy can alro be ecnt through newspapers which have adrer lkcd a clubbing ratc,orthroughlocalaj;cnt8,whercBnchapcnta' fcaTe been appointed. All remittances ibould be sent by port ilcen:oncy order, express order, or by bank drait on Now Tfork or Chicago.. Do not send individual checks, stamps, or aaoney. RfcNETf AL5. The date on yonr wrapper showswhen your inbtcrlptlon will expire. Thus, Jan., 'W, mcana that payment as been received to and including the last issue 01 January JKH. 1 wo weeks are required alter money Is received bior the date on wrapper can be changed. CHANGE 01 ADDRfcSS. Subscribers requesting a chanje of address must give the OLD as well as the NEW address. ALVERTISINQ rates lurnlshcd upon application. Address 11 conimunicaUonii to THE COMMONER, LlacoIa.NaK "The next fight begins tomorrow." ent fight is on today. The pres- Mr. 'Hanna says there is nothing to discuss. But can he tell. us how old Ann is? The indications are that corruption will run riot before wator runs through the isthmian canal. Tho g. p. p. should drop the elephant as a party emblein and adopt the statute of limitations. Colombia's protests must bo addressed to ears that refused to hearken to the appeal from South Africa. In tho roster of officers of tho now republic of Panama we find such fine old Spanish names as "Lewis" and "Tracy." If Mr. Loeb is not too busy he should dig up a copy of that famous Walla Walla dispatch and forward it to Mr. Hanna. Perhaps Senator Hanna is concocting a mild Pickwickian flavor to mix with his future denials of presidential aspirations. After you have finished reading your copy of The Commoner, hand it to a neighbor and invite him to read it and become a subscriber. .. That "wonderful record of two years -of di plomacy in China" seems to have been brushed off by one wag of the bear's stumpy tail. It seems that a lot of, New York's "leading daily newspapers" have considerable difficulty in Keeping their political influence on straight. Panama should bo careful. Two canals would make an island of that new republic, and of late we have cultivated a jjreat appetito for islands. If Mr. Roosevelt can keep Mr. Hanna at the head of the commucee he will have succeeded in keeping Mr. Hanna off tho head of the ticket. The Commoner "Diplomats should bo trained' exclaims ft contemporary. This is calculated to boom the sale of Joe Mulhatton's book. The constantly increasing price of oil and coal indicates that the "trustees of divine provi dence" are thinking more of earth than of treaa ures In heaven. Tho president's message to tho special ses sion laid stress upon "good faith" towards Cuba. But it ovenooKed the matter of "good faith" to wards Colombia. That crushing sound merely indicates that tho trusts have been quick to avail themselves of tho Invitation to apply the screws to the people with a little more vigor. Had Panama nothing but justice and right on her side it mignt have taken a great deal longer to secure recognition from the administra tion at Washington. Tho "Lots of Five" subscription campaign is progressing at a gratifying rate. Every new sub scriber added to The Commoner's list increases this paper's influence. The Filipinos should hustle around and throw a little canal dirt, attach a forty-milllon-dollar-opportunity thereto and then appeal to Wash ington for recognition. It took more years to recognize Cuba's de mands for justice than it did minutes to recognize Panama's offer of an opportunity to divide up $40,000,000 of Uncle Sam's money. Quite a number of prominent republicans are "wearing statute of limitations vindications with great pride. And the indications are that the number will continue to increase. The Filipinos now see what a mistake they made when they aidn't back up their claims for recognition with a canal scheme or something else equally profitable for the grafters. The Panamans should be careful. Let them recall the statement that "forcible annexation would be criminal aggression' and then take a glimpse at what "plain duty" has done. The Boers had no argument to offer save the justice of their cause, hence the administra tion at Washington had no time to waste in considering their requests for recognition. Should a regular subscriber receive an ex tra number of this week's issue ho is respectfully asked to hand it to a non-subscriber who might thus be interested in the cause for which The Commoner is battling. yOLUME 3, NUMBER 41 If Senator Redfield Proctor is honest with himself and with his constituentshe will tell tha senate what h told the people at the fortieth an nual reunion of the Vermont civil war veterans. And rignt after Mr. Hanna's big victory steel common touched the lowest pointless than 10 cents. Mr. Hanna must have let go of the pros perity lever long enough to expectorate on his hands. It seems that Mr. Rockefeller is now a major general of industry while Mr. Morgan and Mr. Schwab have been reduced to more fourth corporals. While northern republican papers are Mle nouncing the treatment of the negro in the south it would be well for them to give a moment's attention to the treatment of the black man in the north. In the city of Lincoln, Neb., mark the name with its republican majority" of almost 2,000, the negro delegates to a great religious convention this month were denied accommoda tions at the hotels. Mr. Carnegie does not consider the slump in stocks a dangerous incident. Mr. Carnegie's first mortgage bonds represent tho real value of the plants. Attorney General Knox refuses to re-open the Littauor case. Is it possible that there is some thing therein not yet covered by the statute of limitations? The Columbus Journal's editor wrote an edi torial booming Mr. Hanna for president, and it was wired out with tho explanation that "The Columbus Journal will say editorially tomorrow'' etc. But "Mr, Hanna headed the editorial off. and the Journal did not print it. But it was repror duced in other daily papers just the same. The Hanna blue pencil seems to have dropped its point a little too early. Mr. Chamberlain's attitude towards the Boer republics was not one whit worse than Theodore Roosevelt's attitude towards the sLter republic of Colombia. According to the reorganizes, Johnson was beaten in Ohio because his convention indorsed the Kansas City platform and Sullivan was defeated in Iowa in spite of the fact that his convention refused to indorse tho Kansas City platform. The Nashville American says: "The United States cannot object to the establishment of re publics." The American, however, overlooks tho fact that it indorses tho United States' objections to the establishment of a republic in tho Philip pines, and that it has had no words of censure for the United States' failure to recognize tho South African republics. Yet the Filipinos and the .Boers had established a much bettor claim to independence than over the Panamans did. Coal oil has been advanced In price seven times In less than three months. Between his religion and his ability to rob, Mr. Rockefeller must be extracting a whole mess of creature comforts. Presidential attention has been called to a little cloud no bigger than a man's hand that occupies a position In the political heavens im mediately above tho palatial homo of Marcus A, Hanna. The Omaha Bee, republican, asserts that "it is now reasonable to assume that the democrats of Ohio will discard Tom L. Johnson as a leader and dictator and marshal themselves under someone who stands for true democratic principles." Well, hardly. What republican organs hild to be "true democratic principles" is not calculated to appeal , to men who are democrats from principle. The administration organs that see in Ohio's huge republican majority nothing more than an indorsement of Mr. Roosevelt's administration should hurry around the corner to the nearest oculist A Newark, O., man who turns out to be a defaulter In the amount of many thousands of dollars was quite a stump orator during the cam paign of 1896. He was very loud then in his de nunciation of "50-cent dollars" and in his de mands for "honest money" "good in Europe." Judge Cleveland's Decision. (Continued from Page 3.) paper as being in existence at me time of the exe cution of the will, the authorities agree that the paper referred to must in fact be in existence at the time of the execution of the will. Was the letter in the sealed envelope in ex istence at the time of the execution of the will? This question is answered by the first sentence of the letter itself. It reads, "In my will, just executed, I have bequeathed to you etc. There is no ambiguity aoout .the meaning of these words. They say, if they say anything, tnat the letter was not in existence until after the will was executed. It is not necessary to inquire how the obvious meaning of these words would have been affected if evidence had been offered to in dicate that the sealed letter was in fact pre pared before execution of the will, because no such evidence was offered. True, the typewritten draft was prepared in Nebraska two or three days before the execution of to will, and is still in ex istence; but it was found in a safe in the store of Bennett," Sloan & Company alter the testator's death, and not with the will, which wa3 found in a safe deposit box of tho Merchants Safe Deposit Co., in which box was also found the sealed en velope. This typewritten draft was not designed to be the letter to be referred t- in the will, and cannot be considered as such. Page, in his work on Wills, 1C5, states the law as follows: "The reference in the will to the document as already in existence is not conclu sive. It must be shown further that the document sought to be incorporated was, in fact, in exist ence at the time of tne execution of the will. . . Where the document referred to 'is written after the will is executed, even if immediately after, and on the same day, it cannot be regarded as part of the will." So in Underhill on Wills, 280. it is said: "It must be proved (and this of course can only be done by parol evidenfie) tnat the writ ing was in fact in existence at tne date of tho will." See also Jarman on Wills, 99, Schouler on Wills, 282; Woerner on Administration, 485; Phelps vs. Bobbins, 40 Conn., 250, 272; Newton vs. Beaman's Friend Society, 130 Mass., 91; Shil laber's Estate, 74 Cal., 144; 6 Am. St. Rep., 433;!. Vestry vs. Bostwick, 8 App., D. C. 452. In yiew of the plain recital in the letter it self, it 1j difficult to see how, without an utter disregard of the authorities, this letter can be in corporated into the will, and this court therefore finds that the sealed letter cannot be admitted to probate as a part of the will. t is not- boW ever, the province of this court In probating a will to construe its provisions. Hence the 1-tjj clause, whether operative or not, will be admitted to probate as a part of the will; and in thus re fusing to probate the sealed letter as a part of tne will, "this court does not wijh to be understood as expressing any opinion as to whether the 'e"eJ without being probated, can have any legal eaeci as a declaration of the trust attempted to oa created by the 12th clause of the will. LIVINGSTON W. CLEVELAND, Juago.