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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (June 17, 1903)
3 VILES WILL CASE UP AGAIN J DUETTS F!R TT1E CTMAITA DAILY BEE: WEDNESDAY, JUNE 17. 1003. fii HUITTS FIRE SALE I BE EIT'S F OE SALE ( I Attorney for William. Children Files a Motion for a Eehearing. CONVENTION OF COAL DEALERS COMING Teacher la Rares teentr Wants Pny for Dtilal Privilege of Com- Mllllacrr Business. (From a 8U.fi Correspondent) LINCOLN. June 11 (Special.) A brief In support of the notion recently made for refloating of the celebrated Milea wilt ca a filed thla morning by John L. Web ster, attorney for the Williams children. helrt of Stephen B. Mllea. Mr. Webster makea much of the fact that In Ita decision, which waa against the WU llama children, the court aubatantlally found that Mllea did make a will In St. Loula posterior to the Rulo will under which Joseph H. Mllea Inherits; that It also found aa a question of law that there la no presumption that the St. Loula will revoked the Rulo will, and to have the St, Loula will operate aa a revocation of the other there must be proof that the St. Louis Instrument contained a revocatory clause or waa Inconsistent with the Rulo will. The court also found that the dec laratlons of the testator alone were not sufficient to ahow that the St. Loula will revoked the former one, but that there must be more direct proof and clear, equlv ocal and convincing; evidence of the con- tents of the St. Loula wilt, Tha point Is made by the attorney that the court erred In that It applied to thla case the rule of evidence which obtains where the proceeding; Is to probate a lost will, when aa a matter of fact It Is an ac tion to set aside the probata of the Rulo will upon the (round that It waa not tha last win of the testator. He Insists that when a lost will Is to be proved the court should know with certainty what tha con tents are, but to set aside the probate on the ground of a subsequent and Inconsist ent Instrument It la only necessary to know by that reasonable decree of certainty or preponderance of evidence that shall sat isfy the court that there was a second will which revoked the first, either by Incon sistency or by an express revocatory clause. He Insists the preponderance of evidence waa sufficient to ahow an Inconsistency be tween tha two. Mr. Webster also attacks with vigor the presumption of law that a posterior will la not Inconsistent with and doea not re voke a prior will la a fiction, false In fact and contrary to human experience, and In caaes of lost wills leada to disinheritance and gross wrongs, and ought not to re ceive the sanction of the courts. The very purpose of making a second will Is to change the manner Of distribution pro vided for In the first. If this is not so, asks tha attorney, why make It? Coal DeaJers Com In a. The Iowa and Nebraska Association of Coal Dealers will meet In Lincoln June 24, 15 and 26. Tha association numbers 280 deal ers And a big attendance Is expected this time, aa some Important trade movements are on foot. The local members deny that the purpose of tha organization in to maintain the re tall price of coal. They Insist that it la to protect the retailers, keep the scalpers out of the market and to promote trade. The officer are: C. H. Chlsan, president, Omaha; ' George B. Rex. vice president, Creston, la., and R. E. Harris, secretary tre'awe-Ort&'niu;;'. Arrangement for the affair are In the hands of a local committee, consisting of John T. Dorgan, J. F. Hutchlns. A. F. Burke and D. E. Green. A banquet, thea ter party and trolley ridea form the amuse nMnt part of the program. Anxlons to Dodge. The big call of today's aeaslon of the supreme court brought nearly 200 lawyers to the court room thla morning. The most of the attorneys Interested showed a mani fest desire to avoid any argument or con sideration of their cases at the present sitting of the court. An unusual number of caaea of Illness were reported, and the health of most lawyers' families aeemed to be In a very precarious state. The truth was, the attorneys were .anx ious to get away on vacations and dodged all they possibly could. More than half of the cases called were postponed until Sep tember IS, to which time the court will adjourn after the present sitting Is ended. Chemical Laboratory. Within a few weeka a chemical labora tory for the use of the pure food commis sion will be established at the state house. It will be equipped with apparatus for analytical chemical work and will be fitted up in one of the basement rooms. Heretofore Chemist Nelson has been com pelled to rely upon the state farm labora tory, and this Involved much waste of time. He waa willing to continue this, but tha Board of Regents of the university haa posted an order forbidding the use of Its laboratory, because there are scarcely ac commodations enough for the students. Applications for licensee under the new act will shortly begin coming in and the chemist expects to be compelled to work overtime passing upon the surreptitiously obtained samples that will be used to detect adulterations. Reports aa Instates. , The semi-annual report of ths command ant of the Soldiers' and Sailors' horn at Grand Island, Just made to the governor, showa that the cost of maintaining tha in mates of the Institution for the laat alx months waa 14.71 per capita, as compared with an average of SS9.19 for the half year ending November 10, 1902. Ths dally av erage during the past six months haa been M7 Inmates; as compared with an average Of 330 for the year ending December L Ii2. During the year ending December 1, 190S, there had been an average of 267 men prea ent, aa compared with 261 for the laat alx months, showing a slight decrease, while the number of women present during ths earlier period waa ninety-eight a day on the average, as compared with ths eighty-six shown by ths present report, Cossklned Mllllaery mm Teaching;. A novel set of facts 1 brought to light In the appeal recently filed In the supreme court by Alice Marquises against School Our stocks arc so gigantic it is impos sible to display all bargains at once, for that reason every day is a new Fire Bargain Day. PIOOS 11 1 urn k what we get for All our pianos have to go, no matter what their cost, no matter them. Look at the figures! See the regular prices of them and the prices we are willing to throw them away for. Pianos in oak, mahogany and walnut--all latest 1903 Colonial styles. TERMS TO SUIT. A $300 piano $108 A $325 piano SI78 A $350 piano $228 A $425 piano $310 A $400 piano $298 A $450 piano $325 Terms to Stit Terms to Suit Come and see. Shoe Fire Sale Men's vici kid oxfords, plain or tip toes worth $2.50, fire sale price $1.48 Men's vici kid lace shoes, nice and stylish worth $2.50 fire sale price Ladies' vici kid patent tip oxfords and shoes worth $1.50 fire sale price $1.48 89c Costly Dry Goods Slightly Sprayed DKESS GOODS White nnd cream all the new weaves so much worn this season only wet on the edges at one-quarter the regular prices. BLACK DKE8S GOODS A whole section of elegant Black Dress Goods, so little affected by water that you would never know there was a fire at half the regular prices. 0 Pieces of Silks for Shirt Waist Suits majrnlflcen. good. CO, only sUjratly touched by water, worth up to $3 -all at UUw WASH DRESS COODS AND WAISTINC 5-whlt and colors- ). tbey smell a little of tha emoke, otherwise all ritit, worth up to 75o, at I Uw IMPORTED FANCY EMBROIDERED DUSS-SwIsses - OK very nobby, worth up to $1.26 at afaWv ON THE SECOND .FLOOR An Immense display of women's elpjrant two-plpee Wash Suits at startling prices. Children's dntnty pnmp nnd high neck suits in India ltnon, chatnbray, organdy, natural linen and Swisses ages 6 months to 2 years. Sofa rtllows. Tops and Backs elegant tinted designs for outing Otlm worth 50c at sCuC An Immense Bargain Tablo Display of Laces Yal Laces from Ic up Torchon Laces from 24c up Normandy Val Laces from 5c up Silk Chantilly Laces from 10c up Applique Laces from 9c up Galoon Laces from 5c up S0L1E NOTION BARGAINS Pearl Buttons flat ball and fancy from So to 24c pick out the 26c ones at f" per dozen WW Pins full count Adamantine per Paper C Combs Side Combs, Back Combs, Pocket Combs, Toilet Combs all new J A the smoke never touched them IUC CLOTHES BRUSHES stiff bristles worth 20c QC HANDKERCHIEFS flne cambric, hemstitched, worfh 6c to 10c Wednesday I at t a, m. each - C WOMEN'S HOSE solid black lace worth 76c, and a lot of elegant fancy OEsa colors all at ... sCOS Cpccial Fire Bargains, not confined to their regular departments. You will find dry goods on second floor, and bargains everywhere. mm Crockery Fire Sale HAVILAND & CO. Breakfast Plates Rouson shape, each 24c Three pint Glass Water Pitchers, each IOC Best iron stove China handle cups and saucers, set of 6, absolutely first selections 35c 10c pieces decorated Semi-Porcelain Dinner Sets, blue and green ..i 4.68 "I1"" ' ' ' " " ! ..L.ISJtlinMIU.ISSlJnsns.sn ... .nil! MLWILWUJ.J Furniture Fire Sale Slashing and cutting of prices on good slightly dis colored by smoke, to move them quickly. $1.28 woven wire bed Springs 69c 17.48 kitchen table cabi net, for 3.93 4.28 rattan rockers. .2.95 5.48 rattan rockers. . .3.65 7.50 oak chiffoniers. . .5.25 Oil cloth, square yard.,14c China Matting, yard . . . .8c One roll, 40 yards only, to one customer. 75 heavy wove 2-ply extra super carpet, mussed, at, yard 450 Carpet and hassocks, each 16c Scrim, striped, 3G inches wide, yard 3c 5-foot oak pole, complete with ends & brackets 15c Odd shades, 50c, 60c, 65c, each 24c STATIONERY Writing Tablet, with good quality paper, regular 6c value, Q for OC Juvenile Note Paper and Envelopes to match, put up In fancy (fli boxes, 16c value, for IU6 BOOKS! BOOKS! BOOKS! I,arge assortment of titles by leading authors, bound In cloth, fancy deco rations in gold and cover. 4Ql Special , tufi TOILET PAPER AT A PENNY. brocoriGs RELIABLE, FRESH, CLEAN AND WHOLESALE TABLE I'RODUTS ONLT HANDLED IN THIS DE PARTMENT. Tuesday's Specials Potted Meats, assorted. f for picnics, per can Uw SPECIAL REDUCTION IN CALI FORNIA CANNED FRU1TS lSo values Nfor IOC 22o values f" IDC THESE PRICES ARE FOR WEDNESDAY ONLY. Candy VELVET CANDY SPECIAL. 25c packages tfm Wednesday IDC 16o packages m Wednesday fjC 10c packages Wednesday Great Smoke Sale For the Smokers Wednesday CREMO CIGARS f j Each 4a 2W Two for 5c Ten for 25c A FULL LINE OF SMOKERS' SUPPLIES. Remember the Contest Closes Thursday, June 18 THE LATE8T AT' THE BODA FOUNTAIN Ice Cream Sandwich It Just melts away In " your mouth each JC ..Ay ers Hair Vigor Stops falling hair. Makes hair grow. Restores color. Cures dandruff. Could you ask anything more? And it's so eco nomical, too. A little of it goes a great ways. Sold for 60 years. iZZHZ: District No. M of Hitchcock County and No. 62 of Hayes County. The plaintiff was ons of the teachers employed to Instruct the youth of the districts named, and the defense says, among bther defenses, that she was unreasonable In her demanda when she Insisted that the defendants should maintain three departments In the school and that she might be allowed to teach one of these departments and attend to her millinery business during the morning and evening hours. Prior to 1900 there had been three depart ments maintained and three teachera em ployed at Palisade. Prior to the annnal meeting In 1900 the board concluded to con tinue as in the past and entered Into con tracts with three different teachers, one of whom was the plaintiff. She was to teach the primary department and one Miss Crews the intermediate. Owing to finan cial embarrassments the board later de cided to run but two schools. This con solidation would eliminate one teacher, and either Mlas Crews or the plaintiff must go. These two agreed between themselves that they would stand on their agreement and neither would teach under the new ar rangement but If they taught there should be three departments, as In the previous year. The board says It requeatea tne piainun to teach the lower department under the new arrangement. This she refused unless she was paid f5 a month more than the original agreement, and further insisted on not teaching at all unless Miss crews was given a position. 'The board then made ar rangements with Miss Crews. During the previous years the primary department. where plaintiff had taught, was neia in a church the schoolhouse not being suitable for all the attendance. The defendants, therefore, Insist that the plaintiff, on her own motion, annulled the contract and that she was at no time ready and willing to teach In accordance with the spirit and terms of the contract. She thought dif ferently, however, and sued the board for the salary she would have received .under the agreement. The principal defense relied upon Is that the old board had no power to contract before the annual meeting, aa this deprived the new one of Its proper functions. It alao contends that the plaintiff had other chances to teach, but she did not take them because they were not so convenient to her home and she could not carry on her millinery business at Palisade If she ac cepted them. It insists, therefore, that she was not damaged by the board'a action. Oil Inspector Reports. Ths monthly report of Oil Inspector Church shows that there were no barrels of oil rejected during May, and the record of tests indicates that nons of tha oil re ceived haa fallen below the legal require ments. The receipts during May which were Inspected were 11.893 barrels, netting the state fees of $1,389.30. . Of the amount ths Standard Oil company's. Omaha office paid $1,1010 and Ita office at Sioux City $2. The Republic Oil company's Omaha office paid $183.60 and Its Sioux City office $9. Ths Mutual Oil Tank Line company at Omaha paid $67 20. the Iowa. Tank Line company at Sioux City fl.0 and two mer chants of Blair contributed SO cents. Tha expense reports filed are as follows: Chief Inspector Church, personal expense. $12, and office expense, $137.30, with $166.66 salary. Deputy Hull has an expense bill of $51 21 in addition to, his $100 salary; W. O. Templeton haa an expense acoount of $16.90, of which $10 is for office rent, some thing hitherto unknown among deputy oil Inspectors. Deputy Hoyt's expense account is $27.45 and that of 8. J. Johnson of Mlnden is $23.57. Deputy Sonnenschein had soma $11 of his claim cut out, as It was for postage and printing done before In spector Church took command. Ksiorks Ont Mas Claims. No calculation has been made as to the amount of the claims contemplated in the $40,000 appropriation by the recent session this may Invalidate,' but- It la suggested that It will knock out a great many of ths pending claims. Quite a large number of claims have been paid, probably $2,000 or $3,000. DANCE INTO GUARD HOUSE Two Convicted of Morder. VALENTINE, Neb., June 16. (Special.) District court Just adjourned after near'.y a three weeks' session. This has been the longest term of court in the history of Cherry county. While litigation all over the state seems to have gradually de creased. In Cherry county, Judging by the amount of business at the present term of court. It has Increased. None of the liti gation was of a trivial character, and many of the cases were of great Importance, In the criminal business transacted there were two murder cases, and Jn each instance a conviction of manslaughter was secured. This is pointed to by the people of the county as evidence that even this far west in Nebraska human life may not be any longer taken with impunity. The civil suits were generally controversies between cat tlemen over the sale of cattle and winter ing thereof, and one very important insur ance case. Involving many Intricate ques tions of law, was also disposed of. Judge Westover was to hold the present term of court, but owing to sickness In his family he exchanged with his associate. Judge Harrington, and held the term at his home at Rushvllle, where it was Intended Judge Harrington would preside. Building. Is Too Expensive. TORk, Neb.. June 1. (Special.) The Toung Men's Christian association building committee called a meeting last evening for the purpose of explaining to the con tributors of the Young Men's Christian as sociation fund the difficulty they were ex periencing In securing plans and bids for the new building. Fifteen thousand dol lars waa contributed for the erection of the building, of which $10,000 was donated In one night at a meeting. This Is the amount the committee haa to build with and the plans which they accepted for the building completed cost over $20,000. A large number of those present at the meeting believed that the committee could reduce the cost of the building and yet have a building thoroughly equipped and adapted for Young Men's Christian asso ciation purposes at a much less cost than the plans propose. The committee will make another effort to secure lower bids or to Increase amount of donations. Ditch Petitions Scarce. FREMONT, Neb., June 16.--(Special.) The county board adjourned yesterday as a board of equalization and met imme diately thereafter In regular aesslon. Of the many drainage petitions rumored to be in existence only one, for a ditch Into the Elkhorn east of Hooper, was presented. Propositions were submitted from all the banks In the county except those at Ames, Nlckerson and one at Scribner, for the de posit of county funds.. The interest offered In each case was per cent on amounts varying from $25,000 in the propositions of the four national banks of thla city to $3.0u0 for some of the smaller banks. Un less the expected ditch petitions come in tha session will be short. Number of Cadets Disobey Orders end Detail Places Them Under Arrest. EXCURSION BRINGS OMAHA VISITORS Lincoln High School Base Ball Nine Comes' Over nnd Wins m Close Game from the Omaha Bots. AUBURN, Neb., June 16. (Special Tele gramsThe excursion from Omaha to visit the high school cadets In camp arrived here at 11:46 a. m. There were about 600 visitors in all and they were allowed the full liberty of the camp. The regular camp routine of the day was gone through with. Captain Chaffee acting as officer of the day. The Lincoln High school base ball team played the Omaha team here today, win ning by a score of 4 to 2. An unpleasant incident occurred in camp today, caused by a dance given by the cadets in the afternoon. The dance was to have been given at night, but the Board of Education ruled against this, so the boys decided to give it in the afternoon before dress parade. Through soms misunder standing those In charge forbid this also, but notwithstanding some of the boys pro ceeded with the dance. A number of cadets were dancing in the opera house when a special detail from camp under charge of the officer of the day arrived and ordered all cadets back to camp under arrest. Some of those present obeyed the order, but others, mostly members of the band, did not. When the latter arrived at camp they were arreated by (the guard and con fined. Because of this almost the entire band refused to turn out for dress parade. As punishment for this refusal to obey or ders the band was ordered home on the excursion train. Those who returned from the dance when ordered to do so were re leased from confinement later In the even ing. The excursionists returned to Omaha at 7:30 p. m. The cadets will break camp tomorrow about noon and return to Omaha under command of Captain Wassels. Loss; Jail Sentence. FREMONT, Neb.. June 16.-(Speclal.) Mike Elmore was given an eighty-five-day sentence In the county Jail yesterday in police court for assaulting his wife, the first, last and Intermediate ten on bread and water. The officer had to break in a door to get hla man. Elmore haa already aerved out a thirty-day sentence this year. District Conrt In Cneter. BROKEN BOW, Neb.. June 16. (Special.) Attorney General Prout has handed down I Judge Uutterson convened district court an opinion to ths stats auditor to ths ef- here yesterday. A number of equity cases feet that all wolf bounty claims ars In- will be disposed of. A saloon case from valid unless presented within two years i Mason City and a billiard hall case of this of ths tlms of ths killing and ths certify- city were taken up yesterday, but neither leg of ths Sams to and by ths county clerk, j has jrat been disposed of. r Given Farewell Heeeptlon. BEATRICE. Neb., June 16. (Special.) Mr. and Mrs. A. Conine, old residents of this city, who have but recently removed to Kansas City, were tendered a farewell reception Saturday night by Rawlins post No. 85. Grand Army of the Republic, and Rawlins Woman's Relief corps No. 92, both of them being members of these respective organisations. A splendid literary and musical program was rendered, at the close of which Mrs. Conine was presented with a beautiful souvenir spoon from the members of the corps as a token of the esteem in which she is held by her friends. The af fair closed with the serving of refreshments. have detained a number of teachers for a short time. Consequently the attendance la - less than it will be later on. County Superintendents Neale, Boftley and Treasler of Lincoln, Perkins and Keith counties re spectively are in attendance. The teachera in attendance are showing great Interest and appreciating the opportunities given by ths North Platte normal. Valentine Plans Blar Time. VALENTINE. Neb., June 16. -(Special.) Valentine Is making great preparations to celebrate ths Fourth of Juty in a fitting manner. All sorts of sports are being ar ranged for the day. The Fort Niobrara military band will furnish the music and the entire garrison will participate. An effort Is also being made to have several hundred Indians present from Rosebud reservation. One of the most interesting events will be a boat race between a team from the post and a local team. This Is unusual for an Interior town. The race will take place on the mlllpond of the Mln nechaduza river. Cnts Dons the Koncoms. FREMONT. Neb June 16.-(Speclal.) The reorganization of the signal and en gineering corps of the Nebraska National Guard as a signal corps only has caused quite a loss of chevrons. As first organ ized the company had twenty-six noncom missioned officers. As a signal corps they ars only entitled to twelve. An examina tion for the purpose of deciding which of the noncommissioned officers will retain their positions will be held July 15, and there Is a good deal of hard work being done by the guards to retain their coveted honors. Donhts Salclde Theory. COLUMBUS, Neb., June 16 (Special.) D. W. Shaft of this city Is much inclined to scout the theory that W. L. Walker has committed suicide, as Indicated by the let ter left to Chief Donahue and puhllshed in The Bee. Walker was well known in this city and had been for a number of months acting as timekeeper for a bridge gang on the Union Pacific. He commenced work for Mr. Shaft May 1 and worked one month. Shaft is a nurseryman and Walker engaged to him as traveling salesman. He left here June 1. Judste Rstelle Talks at Harvard. HARVARD, Neb., June 16-(8peclal.)-Approprlate Flag day exercises were held yesterday afternoon at Stokes opera house under the direction of Richardson post, Grand Army of the Republic, at which time Judge Lee Estelle of Omaha, department commander of the Grand Army of Ne braska, made a fine address. Other special and Intel estlng features of the exercises were the flag drill by about forty small school chl'dren under the direction of Miss Kittle Lee, one of the teachers of the pub lic schools, and special musio under the direction of Mrs. Rockhlll, with Mrs. Kate M. Barbour aa pianist. Good Attendance mt Normal. NORTH PLATTE, Neb.. June l.-(Spe-clal.) The first week of the North Platte Junior normal closed with an attendance of 140. Two Institutes now In session In ths territory of ths North Plaits normal Institute Lodge of Enstern Star. LEIGH, Neb.. June 1 (Special.) Last night was a red letter one for the Order of the Eastern Star. ' For two years they have been working under dispensation, but at the recent grand lodge a charter was granted. Last night at a special meeting Peter Rubendall, worthy patron for Ne braska, of Madixon, installed the officers elect and put the order in good wurklng order. After installation the evening waa given over to social Intercourse, at which refreshments were served. InJnred Bor Will Recover. M'COOL JUNCTION, Neb., June 16. (Speclal.) Little Joe Smith, son of Bud Smith and grandson of T. W. 8mlth of York, will recover from his Injuries. He was riding with his father in a lumber wagon and the team became frightened, throwing him In front of the wheels, which passed over his face, crushing in part of his cherk and Jaw bone. Physicians in attendance did not believe at first that the child could recover. H 75 Chicago and return $13.59 St. Louis and return ' Mmm ! ;! i I Tickets on sale June 18 and 30 and July 1; return limit September 15. Flyers for Chicago leave Burlington sta tion at 7 a, m 4 p. m. and 8.05 p. m.; for St; Louis at 5:10 p. m. i an sM asjagBlahi BBB. A l. Us KcTnuLDS. ( City Passenger Agent, 1502 Farnam St, Omaha. Hard to Asrree t pun Administrator. YORK. Neb.. June 16 (Special.) There was a lively time In the ounty court room thla morning over the appointment of an administrator for the estate of Pierre Brechon, widow, and MIbk lirechon, daugh ter, could not agree and every person men tioned refused to act. Finally they agred upon W. IS. Long and Hugh Lugaxze. Triplets In York t'ountr. YORK. Neo., June 16. 8peclal.) Mr. and Mrs. Carmnny, prosperous farmers of Arborvllle township, had born to the-n triplets, one boy and two girls, weight. 7V I and IVs pounds respectively. A good slsed room with vault next to ths elevator on the 4th floor a pleasant, good slsed room for 118.00 a month. Every office in the Bee Building has good light plenty of air and is attractive a complete office building in every sense of the word. Open day and night and Sunday. Elevators run all the time. Electric light water and janitor service free. It C. Peters & Co.. Rental Ajcnts QrounJ Floor, Bee Bulldtar. 1 SVVJ v 1 I I I i M LLUt jr I. O m A Ci , S..."PM "( WE SCRUBW0MA PEflHYROYAl. PILL CHItUJTKK C.NOLJJH 71 ) VjJ Bgora kibmtiM. MS 1ml L iVV jCr 'kcllfl.lM,lUw.k; r. BMaMS la mtm. Mmilm Saaara, km J.4, Jr3 women; Fl-MALt BEAN VI Ml Uiutitlii retfu-avur;atntnK"-t. best, ttavfrai :uoni.tlii krcnL. T Pennyroyal; not ainf imr; tougerL. niuat owiiuM tea ixiicvau m a i w r.aja, a uju m TWENTIETH CENTURY FARMER fin fhotoarsihle Illustrations. Tr-MTICXH CFNTURY FARMER Fins Photograyhls Illustrations.