The Omaha
Bee.
UNDAY
y3sy3V3SrTSGsJj3?aVefaTnTwflh
S PAGES 11 TO 20. g
jj EDITORIAL SHEET, g
KSTAP.MSHKI) J I'M: 10. 1871.
OMAHA, SUNDAY MORNING, JANUARY 3, 1004.
PINOLE COPY rivi: CI 0 NTS.
AFTER HOLIDAY CLEARANCE Of
..MEN'S FINE NECKWEAR..
Choicest Silk Importations, In Newest Shapes.
Former $1.50 grades, 75c Former $1 grades, 50c
(P . .. .
is2k
ODDS AM) ENDS OF
MEN'S WOOL UNDERWEAR,
Greatly Reduced.
Broken Lots From Our Choicest Qualities.
50c values 25c $1.50 values 75c
$1.00 values 50c I $2.00 values $1.00
The Acknowledged Center for Correct Dress for Men, Young Men and Boys,
...AND NOW COMES THE ONCE A YEAR EVENT...
An after holiday clearance sale for which hundreds of Omaha men and young men have waited with anxious eyes. Determined that not one suit or over
coat, of winter or middle weight, shall he carried over until next season, we have carefully overhauled everv garment in our stocks and have cut deep into the
price, until not one semblance of former figures remain. COST, PROFIT AND VALUE, EMPHATICALLY IGNORED.
w
inter and
Middle
W
eight Suits Stupendously Sacrifice
JT
Matchless Offering. 235 Suits, odds and ends from a phenomena! season's
business. Marvelous reductions for quick selhnir. Sinirle Breasted Sack Suits
. of finest materials, superior high class garments, formerly priced at $1Q, $12 and $15.
A FINAL CLEARANCE OF ALL BROKEN LOTS
Extensive Gathering of Men's and Young Men's Finest Suits and Overcoats. Nearly IQ.OOU or
them. PRICES CUT DEEPER AND GREATER VALUES THAN EVER BEFORE.
MEN'S SUITS, Former Price, $35.00, go for S2G.OO
MEN'S SUITS, Former Price $30.00, go for.. &20.00
MEN'S SUITS, Former Price, $25.00, go for $20.00
MEN'S SUITS, Former Price, $20.00, go for. : S14.00
MEN'S SUITS, Former Price, $18.00, go for SM.OO
MEN'S SUITS, Former Price, $15.00, go for Sll.OO
MEN'S SUITS, Former Price, $12.00, go for SS.OO
MEN'S SUITS, Former Price, $10.00, go for SS.OO
MEN'S OV
MEN'S OV
MEN'S OV
MEN'S OV
MEN'S OV
MEN'S OV
MEN'S OV
MEN'S OV
EKCOATS, Former Trice, $50.00, go for SHG.OO
EKCOATS, Former Price, $45.00, go for SttG.OO
EKCOATS. Former Price, $40.00, go for SHO.OO
EKCOATS, Former Price, $33.00, go for &2G.OO
EKCOATS, Former Price, $23.00. go for ..Sl&.OO
EKCOATS, Former Price, $22.50, go for $15,00
EKCOATS, Former Price, $15.00, go for Sll.OO
EKCOATS, Former Trice, $10.00, go for S7.00
MID-WINTER CLEARANCE MEN'S, YOUNG MEN'S and BOYS' TROUSERS.
MEN'S FINE TROUSERS, Former Price, $8.00, go for SG.OO
MEN'S FINE TROUSERS, Former Price, $6.50, go for , SG.OO
MEN'S FINE TROUSERS, Former Price, $5.00, go for SZS.OO
MEN'S FINE TROUSERS, Former Price, $3.00, go for. f Sl.GO
YOUNG MEN'S FINE TROUSERS, Former Trice, $4.00, go for.
YOUNG MEN'S FINE TROUSERS. Former Trice, $3.00, go for.
ROYS' KNEE PANTS, Former Price, 50c to 75c, go for
ROYS' KNEE PANTS, Former Price, $1.00, go for..
.S2.GO
.."SI. GO
.....lGo
GOo
Coupled with the enormous savings this sale extends to you the sterling integrity of this firm, the absolute faultless construction
clothing, and a readiness to readily refund the purchase priceupon every occasion, where satisfaction is not given, insures you of securing
greatest values at the smallest possible price, but only the best makes of the best makers in America.
PROFIT, COST, VALUE, POSITIVELY IGNORED.
of all of our
not only the
....A sale in which early buying is paramount to secure your choice of the choicest...,
BEBR1SKA LAW OF DESCENT
Statement Prpirtd for Vonua Who An
Taking Interest
FOLLOWS THE ANCIENT ROMAN LAW
Fnaallr mm ot tk IadlvMaal the
I Bit mm Property la Itlrldrd
A.f erTlTlBa; Relative
f DwHrit.
Tha folloalnc nlmplifled atati-m.nt of lbs
Nebraska law fur the descent of property
waa prepared, reyueat. by Hon. D. L.
Johnson of Omaha, for the benefit of tha
women of the state, who, considering- It un
just, will prexent to the next legislature
a bill that they consider more equitable :
The succession of property of dece&ej
persona la one of the most interesting sub
ject In law. and one of the greatest impor
tance to the people generally. The Koman
law may be sul.t to have furnished the
model fr the prevent law governing wills
nd the descent and distribution of prop
erty of deceased persona for the Uvillxed
world. I'nder the older Human Uw the
family and not the Individual was oorirld
ered the unity of society. Toe property be
longed not In earlier times to Ihe hed or
ny individual member of the lamily, but
to the family as a whole. The family con
sisted ef those who panleipated In the
.tcra or Its religious services. The serv
ices were administered by one called the
pater familial, or the head of the fam
ily. The rlisht to administer the family
sacra was the Importer! things and he
who had the right, had Incident thereto
he right to manage the family prorty.
Vpn bAe decease the administration of tba
family rights descended to some member
of the family, usually the oldest son. This
person stood In precisely the same rela
tion to the family aa the deceased had
done, and was called the herea or heir.
Aa time progressed the head of the fam
ily acquired greater and greater rights
respecting the property and Its manage
ment until he was finally considered to be
the absolute owner thereof. Lawi. were
enacted, however, providing for an equal
distribution of the property among the Fev
eral members of the family, males and fe
males taking alike.
Between tlasbaud and Wife.
Other modifications of the Roman law
led to what is known as community prop
erty law. In which the husband and wife
form a kind of copartnership, and the
property brought to the community by
each member thereof regarded as cupital
stock, and the Increase of such property,
during the married relation, Is called
community property. Neither can dUpose
of tho Interest of the other In the com
munity property by will or otherwise, an I
on the decease of either, his or her undi
vided one-half Interest descend?, if there
be no will, to such persons as the law
designates. Community proirty lam- may
roughly be said to exist In all of te Iatin
countries and In Iullana, and In modilei
forma In Texas, California and several
other of the western states, and in Oan-
I ad.
I From the Roman law the English law of
des--ent and distribution of personal prop
erty may be said to be derived. The law
of the descent of real estate In England,
after the conquest, was made to conform
to the feudal system then in vogue and the
word heir came to mean one who succeeded
to the real estate of a deceased person,
without will, and not to one who took per
sonal property. It may be said here thit
thta distinction In law exlt today and that
we take personal prorx rty now, not as
heirs, but because of the statute of descent
and distribution.
I may also at thle place call attention to
the fact that we speak of the descent of
property, even though It go to an ancestor
or a collateral kindred. Originally it was
true that the property of Intestates de
scended; that is, it went to those who were
de ended from the deceased, but the term '
Is still used to denote the evolution of
property from the deceased person to an
other, though it be to an ascendant or a
collateral
Descent In Nebraska.
The law In Nebraska and in most of the
Vnlted States la modeled on the English
law, in which dower and curtesy exist. At
quite an early date Massachusetts enacted
a law for the descent of real estate closely
resembling the law of England governing
the descent and distribution of personal
ettate. retaining, however, the dower and
curtesy features of the English law. Michi
gan followed with slight variations the
law of Massachusetts, and we In Nebraska
in turn have copied the Michigan law al
most word for word.
In this state when any person, except
married women, dies owning real estate
his or her real property descends in the fol
lowing order:
1 To the Issue, by wrh we mean the
children, children's children, and so on.
Including all descendants. In this rase. If
there h a widow she is entitled to the use
of one-third of the real estate during her
natural life.
J. If there be no Issue the widow Is en
titled to the use. not only of one-third, but
of the entire real estate during her life.
3. If there be no issue and no widow the
property goes to the father of the de
ceased. 4. If there be no Issue, no widow and no
father, then the property goes to the
hrothera and sisters and mother In equal
shares.
E. If there be no issue, no father, no
brothers and sisters, then the mother In
herits all of the estate.
If there be no Issue, no widow, no
father. n brothers and sisters and no
moiher then the real estate goes to the
next of kin. whoever they may he. This,
of course. Includes uncles and sums, nrp-h'-ws
arid nieces, cousins, etc.
7. If there he no Isxue. no father, ne
brothers or sisters, no mother and no next
of kin whatsoever, the ertate goes to the
widow, not only for use. uuruiR her life
time, but In fee simple; that is, In absolute
ownership.
8. And l.istly. If there be no issue, no
widow, no father, no brothers or sisters,
no mother arid no next of kin. the real es
tate escheats to the state of Nebraska,
By this it will be seen that the widow
succeeds to the absolute ownership of the
real estate only in the event there are no
relatives whatsoever to whom it might go.
If the deceased person be a married
woman, her real estate descends:
rnrst i o tier iiisue tne iiosnana Deing
entitled to a life Interest In all the real es- .
tate. which interest we call curtesy.
Second If there be no Issue, the fee Sim-
pie Interest In the real estate descends to i
the father of the deceased.
Third If there be r.o issue and no father,
then to U:e mother of the deceased.
Fourth If mere be no Issue, no father, I
no mother, then to the brothers and sisters, j
Fifth If there lie no Issue, no father, no j
mother, no brothers and sisters, then it i
gons to the next of kin. j
Position of the Widow.
There is no provision under our b.w by
which the husband of a deceased woman
can inherit the fee simple interest in her
real estate, and likewise there Is no pro
vision under our law for the property of
the deceased woman escheating to the
state of Nebraska.
It is provided in our law that the widow
or widower shall be entitled to the us of I
the homestead during his or her life. This
is in addition to the doner and curtesy
interest heretofore sitoken of.
The personal, estate of an Intestate de
ceased person, under our law, pases, ss
follows:
First, the wearing apparel, the orns-
ments, the household furniture, the t xemp-
tions and other property to the value of
13 v goes to the surviving husband or wife. I
if thtre lie i.o surviving hushand or wife, j
then the same go to the heirs at law. I'n- i
der our statute the widow and children are 1
entitled to all the chattel property, if It j
does not exieed tvti In value, and tbey are
also entitled to an allowance, by the oourt i
for their support for one year, that Is, dur-
Ing the time In which the estate is sup- ,
posed to be settled up. It is also provided ;
in our law that if the mother be aead. all j
children under 11 years of age are entitled I
to an allowance for support until they j
reach that ag After the provisions herein i
enumerated, and property to tha value of J
J-VjO. all the chattel property goes to- the
payment of the debts of the estate. If
need be
In the event of all of the debts being
paid, and there le a surplus, It goes to the
same person as the real estate does, the
widow or widower counting ss a child.
That is, if a person died, leaving chattel
property and a widow or widower, and say
four children, then the estate would be
divided into Ave equal parts of which the
whom he trusts, and talks ti him freely,
widow or widower would be entitled to ore.
Complaint has been made that under our
law the surviving widow or widower Is
not fairly dealt with. It Is contended that
the survivor should be entitled to an ab
solute ownership in a portion of the real
property, and a larger Interest In the pr
sonal property. This, It soems to me, is a
Just criticism, and the law has been per
mitted to remain as It is largely through
the fact that the people generally have
not given the subject attention. 6ome
eighteen of the states of tbls union give
the survivor a fee simple Interest In the
real estate, and even the old Roman and
the English law as early as magna rhnrta
gave the widow and widower a larger in
terest tn the personalty. I'nder our sys
tem, a husband or wife may dispose of all
his or her property by will, save only the
homestead dower and curtesy interests,
and the exemptions and allowances pro
vided for In the personal property. It Is
the opinion of the I .est legal authorities
that under the common law of Erg!ar.d a
testator could only dispose of his whole
personal property If he left no wife or
children. If he left either wife or children
he could dispose of one-half, and one-third
If he left both wife and children. These
shares of wife and children were called
their reasonable parts, and the recognized
by magna charts.
WAR TALK SENDS WHEAT UP
Probability of Oetbreak la -Far East
Assigned as Canse .f Bnlliah
Market.
Grain quotations were involved yesterday
morning In the sort of hysterics tech
nically known as a flurry. Wheat was
bought on the figure 3 by 11 o'clock and
corn was up IS cents. Customers of the
grain firms and bucket shops were eagerly
watching the quotations.
"War talk," said 8. A. McWhorter, vice
presi.l-nt of the Grain exchange. "Thess
rumors of coming war between Russia and
Japan has sent the grain up. Stocks
have not been much affocted much les
than I anticipated. In case ef actual war,
I look for U wheat and all other provi
sions to 1 equally high. Stocks will be
depressed. A war between these coun
tries will, in all probability, be of some
length, and they will draw largely on this
country for provisions. American securi
ties. It is true, are not largely held by
either Japanese or Russians, but they will
be affected strongly for all that. The ef
fect will come Indirectly through the Eng
lish capital which is so heavily Interested."
Mr. McWhorter has Juat returned from
Chicago, where he went from Minneapolis.
"Oh. n," he replied to a question as to
whether he had been there In search of
grain capital, "my visit was largely of a
social and personal nature. I talked with
' me of the most prominent members of
the Hoard of Trade there, however, ani
they were of Ihe opinion that we In Omaha
are as Justly entitled to a corn market an
Is Mlnnea:oiis to a wheat market. They
seem to re i o reason why we should not
at least become a flourishing corn market."
AK-SAR-BEN BUYS OLD DEN
Eoard of Governori Fayi Twelve Thousand '
Dollar! for C iiemm.
DECIDES NOT TO BUIL NOR LEASE
Transaction Is ot Completed, bat
Mill Be, and Some Money .
Alrritdy Is Paid
Over.
Ak-Ear-Bcit :as bought the Coliseum.
The consideration was J12.000.
"Yes, we have practically purchased ths
old den," said a governor when asked If a
sale had not been made. "The deal Is not
completed, as we have not algned tha
papers et, but we have put up sotns
money ss a jeiainer. We finally decided til
do this sfter long ccrideratlon. The prop
osition of leasing the building was ths
first thought, but In the end we decided
to buy. The building is in really good
condition and for the purpose of housing
the floats and holding initiations is as gooi
ss we could ask. We found It impractlca.
ble to buiid or lease any place nearer
town."
Mortality Statistics.
The following births and deaths have
been retried to the Hoard of Health:
liirths Sherman Welpton, amS I'aclflc.
boy; William hlckley. laji South Thirty,
third, boy; tieorKe I- Menerhof, Leav
enworth, girl; James Snyder, 2ilS tiouth
Klevenih. girl: Charles i'.etx-r, ((1 North
Twenty-first, boy; U. F. Flnnerty, 207 Man
derson. boy.
Oeaths Elsie Peters. Tin Poppleton ave
nue, 2 years; Matilda Wetr. 8t. Joseph s
hoepital. I-'Kh. Ni b.. 13: Henry C. tilrei-.x
l-'U 8. oth Thirtieth. 4'.: Mrs. liette Eieber.
J-t'.rt Jones. A; Milton Arthur Gobie.
)"i South Tenth. 1; Mrs. C. B. Kicker. Z1
Fpenccr, K: Reliecc p. Armstrong 7 i
1-lerce, 77: Theresa Nubreuonr, 2JU bouih
Tweaty-flrBt, tii.