Omaha daily bee. (Omaha [Neb.]) 187?-1922, January 03, 1904, EDITORIAL SHEET, Image 11
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.