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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (July 14, 1906)
THE OMAIIA DAILY BEE: SATURDAY. .TTLY 14,
MORE FIGI1T1SG IN GUATEMALA
rattle Continues h Neiehborhood of Where
Btenlad'o Was Killed.
VICTORY FOR FORCES OF CABRERA
Trath nt HtlTadnr X.rmArr, Whnif
Arts Prerlplfatrd War, Will Lead
to an F.mrlr F.ud f
WASHINGTON. July II. A rablsrara
received at th Plate department today
from Minister Merry at San Salvador
Btatei that continuous fighting; la pro
ccfrdln on the border lino between
Guatemala and Salvador: also that ftia
Ojatemalan troops have crossed the bor
der Into Honiiurss. This letter la under
stood here to be cart of the Guatemalan
attack on the fugitive of ReitslRdo's
tirinj. after that leader was Killed
Fenor Munoz, the Guatemalan minister
here, today received the following ratio
.ram from Secretary of Rtau Barrios,
1'ated at Guatemala City yesterday:
r-omolete triumph of the Ojatemalan
a-my over Salvadoreans Invading force.
Fnlvadorean Oeneral-ln-Ohlef Thomas Ke
galado killed yesterday at El Jlcaro.
At the Instance of the State depart
ment the Navy department today cabled
to Commander Mulligan of the Mable
head at Panama to proceed Immediately
to I - Llbertad. on the coast of Salvador,
to safeguard American Interests.
Martial Law In flaatemala.
Purlng the day a cablegram was received
at the State department from Mr. Brown,
Hie secretary of the American legation at
Guatemala City. He reports continued
fighting near Contepeque, In the neighbor
hood of the place where Regalado was
killed yesterday. The aggressive attitude
of Salvador toward Guatemala was, Mr.
iirown says, really on account of the per
sonal acts of Regalado's troops, conse
quently his death has removed the prln
ripal obstacle to the restoration of peace.
The situation In Guatemala City waa very
s.illrfactory. Martial law had been declared
and perfect order and security existed last
rlslit when the dispatch was sent.
Mini.iti r Merry at San Salvador also sent
n tahleariitii today to the department stat
ins thut Salvador was quite wUIIng to cease
hostilities, but complained against the ag
gressive attitude of Guatemala.
Cabrera In Control of Situation.
From these advices the Impression Is
given here that President Cabrera of
Guatemala holds the key to the situation
and the question of war or peace depends
upon the succers of the efforts which the
State department Is now making to Induce
lilm to forego attacking either Salvador
or Honduras In retaliation for the part
played In the attempted revolution by the
Salvadorean troops under Regalado; It Is
reported to the State department that
Cabrera has gathered a force of no less
than 40,000 men under arms, which Is re
garded aa a distinct menace to the neigh
boring states, and he will be asked to
disband this force upon satisfactory as
surance that no further movement shall
be directed against him from without.
NEW YORK, July 13. A telegram from
Guatemala aays: "Fresh hostilities have
taken place on the border. The Invasion
of the country by Salvadorean troops Is
considered to be a declaration of war.
War is accepted here by official decree.
The country has been placed under martial
law and there Is a general call to arms."
Story of Battle Confirmed..
MEXICO CITT, July 13. This morning's
advices from San Salvador confirm the re
port of the battle of EH Jlcaro and the
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T. B. FISHER,
General Passenger Agent,
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Ienvrr Colo. .
Kaaaaa CRy FSsW Miaaourt
--m Bha1 i- sj n
Thls magniaceat hotel has t bun.
tlfuj rooms and is looatod at Uth and
MoOoe streets In the shopping district.
Only naif a block from the Kjnory.
Bird. Thayer dry gooda store; aeax jj
WisaisMsiAaasss. Bl aaa Cats lMaf
wlc U Inn Sunt. EtawM Cat, Perfect
ne. us wnsis as Tahat 'alt ia
aro4 to Ctas. taaa II mi lmm4.
Raaarwattons may be made by tela
graph at our aapanaa.
KTPPKR BEXSON HOTEL. OCX
r. A. son, lum
killing of the commander of the 8alva
d'irean troops, General Regalado. but an
nounce a victory gained by Oenetal Toledo,
of the Insurgent forces on the same day
t a point further north, where the Guate.
malan army was routed with heavy loss.
In an Interview here General Bserllss, the
Guatemalan tnsuigent, laments the leiss of
General Regalado, but says there will be
no chnnge in the program of the revolu
tionists. General Toledo Is now at the head
of the revolutionists In the field and Is re
ceiving heavy accessions dally. The revolu
tionists claim they will be In Guatemala
City within a fortnight. General Toledo
now has artillery which he lacked when he
was defeated In June. The revolutionists
now claim Nicaragua will take part In the
war and allow Its gunboats to aid the rev
olutionists, which they Insist will result
In the speedy downfall of President Cabrera,
Hondnras MaaslnsT Troops.
NEW ORLEANS, July 13. A cable mes
sage from President Barlla of Spanish Hon
duras to the Hondurean consul general In
this city says the number of Honduras
roops on the Guatemalan frontier has been
doubled for the purjMise of preserving
peace. The message, which was received
esterday and made public today, says that
Honduras Is not taking part In the diffi
culties between Guatemala and Salvador.
The Guatemalan consul her has Informa
tion that before the battle of last Wednes
day, In which iRelagado. the Salvadorean
leader, was killed, Guatemala had about
000 men under arms near the Salvador
boundary line and under command of Gen
eral M. M. Acqullar.
'APER FROM COTTON STALKS
Mew Southern Indoatry with Capital
and Confidence) ' to
The hlatorv of nDer Is larsrelv the his
tory of civilization. It had Its name from
the papyrus, if not the first, at any rite
among me earnest sources or vegetable
fiber used to make thnt sort of a weh The
invention of printing, of course, gave an Im
mense Impetus to paper-making and as
printing processes have improved the de
mand ror paper has gone on augmenting.
For a long time rags of all kinds were
regarded as the principal material for pa
per-making. During . our revolutionary
struggle, though, the demand for pnper
was slight. Urgent requests were sent to
the housewives to save their rags. During
the Civil war the confederates were some
times reduced to such straits as to nrint
newspapers on wall paper, and some noted
reprints or eaiuons or that sort have been
circulated. But 'rags have suffered rr
of eclipse In the matter of paper-making
Because tne needs or the age have forced
the utilisation of other forms of vegetable
fiber. Wood pulp for paper has played a
distinguished role in modern times. But In
practically all ages numerous forms of
vegetable fiber have been tried to a greater
or leas extent for paper-making. It Is
possible now that the primacy of wood pulp
s to ds cnanenged.
Under the laws of the state of Maine k.
Cotton States Products company has Just
been Incorporated with a capital of 116.000,-
000. Its business Will be tn malr
from cotton stalks. It Is said to h. th.
conception of Mr. Harvle Jordan, president
of the Southern Cotton association, who
has accepted the presidency of the new
paper company, and ror that reason Is ex
pected to retire from the cotton associa
tion. The board of directors la composed
of men whose names carry an assurance.
inai me new company means business.
W. P. G. Harding, one of them i. ...i-
dent of the First National bank of Bir
mingham. Another, John Walker, Is presl-
oeni or me nepuoilo Iron and Steel com
pany of Birmingham, and William C. Bid
den is a banker of Baltimore. The vice
president, who lives In New Ynrv k....
the historic name of Samuel F. B. Morse.
Cotton stalks have been what trn .in
scribe aa a nuisance. They have been a
source of expense, instead of. a benefit to
the planter, because they require to be
harvested and burned In order to prepare
the ground for the next croD. To mv
paper from them, not only gives them valua,
dui u puts me raw material of the paper
at the back door of the mill, el f m t n f I n o-
the cost of transportation. Some say that
mere are jw.ouu.ono tons of cotton stalks In
the south, and that under the new arrange
ment they will be worth from C.60 to $2.50
a ton. This would mean some lAnflmnm
added to the yearly receipts of the cotton
planters. Another estimate, however, la a
ton of rtulks to the bale of cotton, which
would make the amount considerably less.
Both estimates are guesses, but the fact re
mains that the success of this scheme
means that cotton stalks will be a source
of revenue Instead of an expense to the
Mr. Harvle Jordan ears that the maklna-
of paper from the cotton stalks Is one of
the most Interesting developments r hi.
century, and has already passed the experi
mental stages, -it naa been unquestion
ably demonstrated that all grades of paper.
irom me uest torm or linen grades to the
lowest, can be manufactured from cotton
stalks. In addition to thla a variety of
by-products, such aa alcohol, nitrogen, ma
terial ror guncotton and smokeless powder,
can also be secured In paying quantities."
The views of the new company are suffi
ciently ambitious. It Is suggested that
paper mills shall be placed at Intervals of
five miles over the cotton belt. Posslhlv
that will be too many paper mills, but the
suggestion la eloquent of the confidence felt
in tne new method. A by-product will be
denaturUed alcohol, which Is estimated to
be Der cent of the total tonnare. It win
be used to operate the necessary machinery.
. J nis scneme is or interest to the con
sumers of paper, who are promised greatly
reduced prices for this product. The bulk
of material now used comes from spruce.
which, with the depletion of forests, prom
ises to become annually more expensive,
while the demand Is continually Increasing.
Paper manufactured from the cotton stalk
a saia to oe or me strongest texture and
softest finish. Several plants In the south
are expected to be In operations by the
beginning of next year.
That paper may be manufactured from
cotton stalks, there Is no reason to doubt.
The economical features of the experiment
have yet to be tested by the manufacture
of paper In commercial quantities. Jxuls.
SUPREME COURT JTLUBI
LOSS SCALED THIRTY MILLIONS
Insaranee Companies Eliminate Large
Aasonat front Liability for San
SAN FRANCISCO, July It-The i Call
publishes today statements of thirty-flve
Insurance companies doing business In this
city which have been filed in the Insurance
departments of New York. According to
these statements, which have been sworn
to, the grosa losses of thlrty-flve com
panies alone were 176,000,000. The net
losses are but t46.OO0.0OO, which ahows a
reduction to the benefit of the companies
on their ledgers to the amount of 130,000,
0j0 from -the gross aggregate. ,
The reinsurance money to be received
by thlrty-flve companies Is stated to be
1!.000,000 In round figures, leaving the large
sum of tll.000.000 to be accounted for aa
salvage. More than 1"0 lire Insurance com
panies were losers In San Francisco. They
will all make sworn returns.
Bee Want Ads are (he dependable seeds
14117. South Omaha National Bank
aaainet McCilllln. Krror from Chase. Re
ttrsed and remanded. Barnes, J.
1. A chattel mortgage on a speciflel
number of cattle, describing them by aro
and brands and reciting that "the above
described stock Is in my undisputed pos
session, free from all Hens and Incurri
btancea snd kept on my premises, In tac
tion 4. township 6, range 38. Chase count,
Nebraska," Is not void on Its face for un
certainty of description.
2. If It Is made to appear that such
mortgage was In fact given on a specified
number of cattle out of a larger nunVber
of the same kind and description, or. In
other words, on a part only of a herd if
rattle of the same kind, and bearing th-
same description. It is void as to thlr-i
persons unless there has been a separa
tion or a delivery of the cattle mortgaged
to the mortgagee.
3. While such a mortgaire Is void as
to third persons. It is not void between
the right of selection, and when he i,Hs
exercised that, right the lien of the mori
pnge ettarhes and will prevail over all
after acquired interests In the mortgaged
4. When two such mortgages are exe
cuted on parts of the same herd of cat
tle the mortgagees have an equal right
of selection, and the one first exercising
that right Is entitled to the possession of
the cattle so selected by hlru to the ex
clusion of the rights ok- the other, If
8. If, however, the mortgagee In such
mortgage transfers the same to a third
party and afterwards takes the second
mortgage on the same description of prop
erty he takes his right of selection Sub
ject to the right so transferred to the
first assignee. And If he afterwards as
siarr.s the second mortgage zvicl: assignee
will take no greater right than his as
6. Instructions announcing a contrary
13780. Slate agslnst Paxton. Error
from louglas. On rehearing, former opin
ion adhered to. LeMon, j.
Upon rehearing former opinion ad
138;.. stull against Masilonka. Error
from Platte. On reargument, former opin
ion modified. Motion for rehearing over
ruled. Letton, J.
1. Where a defendant la sought to be
brought Into court by some method pre
scrlled by a statute, other than personal
service, which notice may or may not
reach him, and which la more or less un
satisfactory, the statutory provisions re
lating to auch service are construed wlih
strictness, and it is Incumbent that all
steps In the process required to be taken
shall be followed with substantial ac
curacy. Former opinion modified accord
ingly. 1S980. Omaha tyian and Building Asso
ciation against Hendee. Appeal, Doui?lii?.
Reversed and remanded with directions.
1. It is ordinarily the duty of a court
where a Judicial sale Is fairly conducted
and Is made In conformity with the decree,
to ratify such sale.
1. The foregoing rule, however. Is sub
ject to certain exceptions; r.nd where the
sale has been fraudulently conducted, or It
is made to appear mat tne order or snie
was procured In violation of an agreement
between the parties Interested, and under
such clrcumstancea as amount to fraud,
deceit, or misrepresentation, the court, in
the exercise of its equity Jurisdiction, may
deny confirmation and set aside the sale.
14190. Stanabury against 8torer. Error,
Nuckolls. Affirmed. Epperson, C, Division
A oetitlon alleging the making of a
verbal building contract, and partial per
formance thereof by the plaintiff, and
claiming damages on account of defend
ants' failure to perforin ine same, is not
subject to demurrer because it fails to al
lege the time within which the contract
was to be performed.
14232. Wlese against Union Pacific Rail
way Company. Appeal, Washington. Af
firmed. Oldham, C. Dlvinion No. 1.
1. The purty In possesion of land as
owner has a right to pruicot tU.it posses
sion by the purchase of any outstanding
claim or Hen against tho proper". There
Is not thereby any (break In possession, nor
does the adverse orevnant rely upon -hU
purchase title In ptrrerence to the one
which he previously purchased. He loins
the two together and possessfs whatever
title both may give hirn. Oldig vs. Flske,
63 Neb. 159. followed and approved.
2. The Act of Congress of July 1, 1S62.
snd July 2, 1864, granting land to the Union'
Pacific Railroad company and to the Sioux
City A Pacltlc Railroad comp.iny, trans
fers a present legal title, when the terms
of the grant oro complied with and the
lands are identified by a map of definite
description filed In the general land offlre.
A patent to such land, when flnallv Issued,
relates back to the date of the grant.
S. When one tenant In common conveys
the wholo estate in fee with covenants of
seixln and warranty and his grantee en
ters and holds exclusive possession, the
entry and holding must ie deemed adverse
to the title and possession of the co-tenant.
4. The title of the United States gov
ernment Is fully divested bv a grant In
praesentl of all lands within the place
limits of the grant and not within the ex
ceptions thereto; and subsequent proceeC
Ings affecting the patent to such lands In
the Interior department do not suspend the
running of the statute nf limitations In
favor of one claiming under the grant.
14233. Wrlch against Union Pacific Railway
Company. Appeal. Washington. Affirmed.
Oldham, C. Department No. 1.
Wlese against Union aciflc Railway
Company et al. No. 14Z32, followed and held
to control the Issues in this case.
142ti9. County of Lincoln against Chicago,
Burlington & Qulncy Railroad Company.
Error, Lincoln. Affirmed. Albert, C.
Division No. a.
1. Where a county board has levied the
full amount of tax allowed by law for a
county general fund, and also designedly
levies a larger amount of bridge tax than
Is necessary for use In that fund, and im
mediately transfers a large part thereof to
said general fund, the tax so unnecessarily
levied and tranHferred Is levied for an Ille
gal and unauthorized purpose, and Is void.
C. B. & Q. R. R Co. against Lincoln
county, 66 Neb., 2'A.
2. In such cate, In a suit brought to re
cover the Illegal tax paid under protest, It
develops upon the county to point out what
portion, If any, of the tax was levied for a
legal and authorired purpose, and, upon its
failure to do so, the plaint I ft Is entitled to a
verdict for the full amount paid.
I. It is the duty of a county to levy,
within certain limits, the taxes required
ror certain purposes each year, and the fact
that its funds had been improvldently ex
pended or Illegally diverted In the past does
not relieve It of such duty.
4. Where evidence necessary to sustain a
verdict has been erroneously excluded uoon
a general objection, the party at whose
instance tne evidence waa exciiniea win not
be heard to Complain that me verdict, for
want of such evidence. Is not sufficiently
14299. Hauptman against Pike. Error. Sa
line. Reversed and remanded. Albert, C.
Division No. I.
V Where the defense Is, that the defend
ant had been Induced to buy certain per
sonal property by the false and fraudulent
representation or the plalntltT, his vendor,
the fact that such representations were
made two days before the sale was con
summated would not of Itself justify the
exclusion of evidence thereof.
2. Ordinarily, In such case, the defendant
Is entitled to trace the negotiations to their
Inception, where the evidence thereof tends
to establish such defense.
14S16. In the matter of rtie application of
John F. Decker for a writ of habeas corpus.
State against Decker. Error. Incaster.
Petition In error dismissed. Ames, C.
Division No. 1.
1. The preckdure to obtain a review In
this court of a final order made by a dis
trict court, or Judge, in a proceeding m
habeas corpus, must be such as Is required
to be followed for a like purpose in civil
actions. Section 483 and 615 of the criminal
code not applicable thereto.
14340. City of McCook against Parsons.
Error, Red Willow. Reversed and re
manded. Jackson, D. Division No. 1
1. A city Is not liable for damages sus
tained by reason of a defective crossing
from private properly Into a public street.
2. In an action against a city for damages
sustained by reason of a personal Injuiy,
an Instruction from which the Jury might
Infer that the city would be liable for
negligently permitting a walk in general
use by the public over property not shown
to be within the corporate limits of tl'o
city, to become and remain in a dangerous
condition. Is prejudicial error.
li?b Russell against Russell. Appeal,
Jefferson Decree of district court modi
fied. Jackson, D. Division No. 2.
The evidence enmlned nd held to sus
tain the decree of the trial court.
14366. Htinkworth against Shembeck. Ap
peal. Gage. Reversed and remanded with
directions. Epperson, C. DivUton No. I.
The burden of proof is upon an applicant
for luiuor license to prove tlst he )s a
man of responsible character and Maul
ing, when by remonstrance such fact la
144. Johnson against Carpenter Ap
peal. Butler. Reversed and remanded.
Oldham. C Division No. 1.
1. Under the provisions of section 370 cf
the Code of Civil Procedure, affidavits are
admissible In evidence to impeaih the re
turn of an officer to the service of a sum
mons In proceedings for revivor.
1 Tte return of an eOxsr to tas service
of a summons In the original action may
le impeached In a proceeding to revive
14377. Lincoln Township against Kansas
City A Omaha Railroad company. Appeal,
Kearney. Affirmed. Duffle, C Division
1. A railroad corporation which succeeds
to the property and rights of another rail
road corporation through the medium of a
sale iiion a decree of loreclosure or other
Jjdklal scale, Is not answerable for the
general debts of the corporation whose
property and franchises are thus cquln-d.
2. The right of a township in thla state
to maintain an action to recover the value
of bends by the electors of the township
to aid in the construction of a railroad,
14.1W. Nealon against McOarglll. Appeal,
Greeley. Aflirmed. Albert, C Division
1. Evidence examined and held, sufficient
to sustain the decree of the district court.
ii. Where the only parties affected by al
leged errors In a deiree are satisfied, others
will not be heard to complain.
143M. Macfarland against Altschuler. Ap
peal, Douglas. Judgment or district court
modified. Jackson. C. Division No. t.
In tho absence of an -express agreement
to the cuntraiy any professional service
rendered by a member of a firm of law
yers should be presumed to be for h
Doncflt of the firm.
143NS. Poels against Wilson. Appeal,
Seward. Reversed and remanded. Lpper
son. C. Division No. 1.
When the amount of damages awarded
by a Jury can not be ascertained from the
facts proven, the verdict should be set
Shldf- . .. .
14.9M5. Sheppard against Bankers Union
of the World. Appeal, Douglas. Reversed
and remanded with directions. Duffle, C.
Division No. 2. ...
1. The monthly assessments required from
the members of a benevolent society may
be Increased when It Is found that such
increase is necessary to meet the needs
f lis business honestly administered.
2. The constitution ana ot-iw oi m
hrnenrlul socletv provided that on the
death of a member the amount due on his
certificate should he aacertainea oy ae
rfi,ctinr frnm lis face value the monthly
aisi Hsnients from the death of the member
to the expiration of tne lire expectancy pi
such member with four per cent Interest
thereon. The constitution and by-laws
were afterward changed. Increasing the
monthly assessments to be collected but
providing that such increased assnssmenta
should be collected only from members
thereafter Joining, the old members to
confinue to pay at the old rate and on
ih.ir rieath the Increase over the old rate
to be deducted from their certificate. Held,
that the society naa tne rigni in rciinu
with the beneficiaries of a deceased mcm
v., n diiiM from the certificate the
difference between the rate of the monthly
assessments in force when the certificate
was Issued, and the Increased rate provided
by the amendment computed from the time
when the new rate went Into effect up to
the date of the death of the member, out
not for the balance of the life expectancy
of such deceused member.
14.W. Howard against umana wnuit
Grocery company. Appeal, Douglas. Af
firmed. Albert, C. Division No. 2.
Evidence examined and held, sufficient to
sustain a finding of agency.
14393. McDowell against fliaraey.
Holt. Affirmed. Jackson, C. .Division
N. 2- a real estate
mortgage the plaintiff Is required to al- ,
lege and prove, as against ine v
the equity of redemption, that no proceed
ings at law have been had for the recovery
of the debt secured Dy tne murw; ,
14396. Herlng against Simon. Appeal,
Lancaster. Reversed and remanded wltn
Instructions. Oldham, C. Division No. 1.
1. Attorney fees can not be taxed aa
costs against the successful litigant in an
action at law. or in equity.
2 In an action In equity, the trial court
has a sound discretion In taxing the costs
of the action to the different litigants, but
this discretion Is subject to review when
unreasonably or arbitrarily exercised.
14396. Rownd against Hollenbeck. Appeal,
Hall. Affirmed. Albert, C. Division No. 2.
1. The findings of the tnai court on con
flicting evidence in an action at law. will
not be disturbed on appeal unless mani
festly wrong. m . , .
2. Where by the terms of a contract of
sale payment of the price Is to precede a
delivery of the goods, the repudiation by
the vender of a substantial condition of
the contract on his part to be performed
will Justify a rescission of the contract
by the vendee. .
3 Evidence examined, and held suf
ficient to sustain the findings of the trial
t0li. Reed against Burrell. Appeal,
Frontier. Affirmed. Epperson, C. Division
When a government monument, being the
corner between two adjoining land owners,
has been obliterated, its location may be
proven by testimony of witnesses ac
14407. Farmers and Merchants' Irrigation
Company against United States Fidelity
and Guaranty Company. Appeal. Dawson.
Affirmed. Jackson, C. Division No. 2.
Where a bonding company, with knowl
edge of an Informality in the execution of
a, bond by its agent, receives and retains
the premium paid for the bond. It is
estopped In an action on the bond from
urging such Informality aa a defense.
14414. Steger against Kosch. Appeal,
Butler. Reversed and cause dismissed.
Jackson, C. Division No. 2.
1. Continued possession by a tenant Is
not such a part performance of a verbal
contract for the purchase of land as to
take the case out of the statute of frauds.
Possession, to have such an effect, must be
clearly shown and not the lease. Louis vs.
North. 62 Neb. 562, 87 N. W. 312.
2. Evidence examined and held not to
support the decree of the trial court.
14423. Moore against Neece. Appeal,
Sioux. Affirmed. Oldham, C. Division
Where lands constituting one body are
used as a single tract, ordinarily they may
for Judicial sale he appraised together.
Smith Bros. Loan and Trust Company vs.
Wless. et al., 66 Neb. 210, followed and
14614. State ex rel. Sumption against
Smith. Original. Writ denied. Sedgwick,
1. Repairs of county bridges contem
plated by sections 114 and 115, chapter 78,
complied statutes are such as may be made
at once, and without considerable cost.
2. The boundary line between Colfax
and Butler counties is the south bank of
the Platte river which flows between those
counties. The bridge over the river between
these counties was rebuilt In 1904 at a cost
of about $22,000; In the following spring, by
the movement of Ice In the river, nearly
one-half of the bridge waa carried away.
In an action of mandamus to compel the
supervisors of Colfax county to repair the
bridge It Is held that the action can not
be maintained without notice to both coun
ties under section 116. chapter 78, compiled
statutes; and the counties must be Joined
In the action.
144u2. Barber against village of Franklin.
Affirmed. Duffio C. Division No. 2.
The fact that the owner of unplatted
land, used exclusively for agricultural pur
poses for some years, tacitly submitted to
its inclusion in the Incorporated limits of a
town, does not estop him from proceeding
under the statute to have it disconnected
14403. Gregory against village of Franklin.
Appeal, Franklin. Affirmed. Oldham, C.
Division No. 1.
1. A Judgment of the district oourt In a
proceeding, under the statute (Section 101
chapter 14 of the Compiled Statutes of 1903),
to detach territory from a municipal cor
poration, will not be Impeached upon appeal
In the absence of a showing that the trial
Judge committed an Important mistake of
fact, or made an erroneous Inference of
fact or of law. Michaelson against village
of Tilden, Neb., 101 N. W. 1026, followed and
14411. Taylor against Hover. Appeal
Parpv. Affirmed. Duffle. C. Division No. 2.
instructions defining adverse possession
examined and held not prejudicial to the
14378. Moore against Flack. Appeal,
Kearney. Affirm, d. Oldham, C. Divi
sion No. 1.
1. Evidence examined and held Insuffi
cient to show a common law marriage be
tween plaintiff's mother and the deceased.
2. A writing, to constitute an acknowl
edgment of paternity within the provi
sions of section 31. chapter xxlll, Complied
Statutes, must be one In which the pa
ternity Is cared ly, unequivocally and un
questionably acknowledged. I.ind against
liurke. 66 Neb.. 7S6, followed and approved.
3. Ervlrienre of a writing, claimed to have
been address d by the deceased. Robert
Moore, to the mother of an Illegitimate
child, and said to contain the words, "Take
good care of our boy. and call him Thomas
Moore, and I will give him a good start
some day," examined and held Insufficient
to constitute a valid acknowledgment of pa
ternity within the meaning of the statute.
14418. Brown against Brown. Appeal,
Hamilton. Affirmed Albert C. Division
1. The burden of proof Is upon a preter
mitted child or grandchild to show that the
omission to make provision for him In the
will aaa unintentional. Brown against
Brown, M V W., 71N.
1 An objection to evidence on the ground
that It is incompetent does not go to the
competency of the wl'ness.
3, The provisions of Section 33J against
the disclosure of confidential communica-
t n . ... . w . -.4 kv t h nartu In rhnu
favor they were enacted, and a party call
ing the attorney, who has prepared his
will, as a witness thereto, thereby impliedly I
consents that such attorr.y may disclose
execution when the same Is offered for
probate or subsequently.
4- Evldenoe examined and held: Sufficient
to sustain a finding that claimants acre In
tentionally omjttsd Iron lbs will.
aml T- ,V " JJS, '
of this most nutritious of all foods
have already been consumed but
CHEER UP I
1 .Uneeda Biscuit
Good wheat is plentiful Flour mills are grinding
steadily. NATIONAL BISCUIT COMPANY bakeries, the
cleanest, largest, most modern in the world, are working
day in and day out to supply you with your favorite soda
cracker. So Uneeda Dlscultare still in abundance
the price is the same
NATIONAL BISCUIT COMPANY
Cool summer offices
It is mighty poor economy to have an office in a building where you and your
office force are cold in winter and hot in summer. It is impossible to do good work
under such conditions. The most comfortable place in Omaha, all the year around, ia
ME SEE lNJIUMNG.
For $10.00 rer Month Room 619: Very pleasant, amall room on the 6th floor. It Is light and well
ventilated and is a very desirable room In every way.
For $1 B.OO Per Month Room 618: This is an out side room on the 6th floor. It Is in the portloa
that was remodeled about a year ago and the woodwork and floors are all new.
For $27.50 Per Month Room 482: This Is a large pleasant office, divided Into a private office and
a waiting room. It has been occupied by an Insurance company for the last five years and la
one of those desirable offices, that is usually impossible to secure.
For $7ft.00 Per Month Salt 648: This is without doubt the most desirable suite of offices in the
building. It consists of a large room, containing between four and five hundred square feet of
floor surface and has a small room adjoining it. It Is a corner office, with a large burglar
proof vault. It has a most beautiful outlook, facing south and east. In connection with the
office Is a small room, which can be used for physician's, a dentist's laboratory, or coat or store
room. The office has hard wood floors and is finished In hard wood throughout. There is
nothing in Omaha that compares with this suite of offices.
R. W. BAKER, Hupt.,
Room 418 Bee Building.
O. C. ROSEWATER, See'y,
Bee Buslneas Office.
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TWENTIETH CENTURY FARMER
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DAILY IN JUNE. JULY II, AU8. I
AND 22, SEPT. 5 AIS 19
WABASH CITY OPFICK,
1601 Faraara St,
HARRY E MOORES, O. L P. lv
Wafcaah II R
Omjkha, ... NetwMka
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