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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 Hostilities. 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 Urday. 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 See America First Learn something of the Great West; see the Rocky Mountains COME TO COLORADO The Wonderland of . our continent The Grandest Scenery The Klost Perfect Climate The Colorado & Southern Ry. has Issued a series of beauti fully illustrated booklets, de scriptive of this fascinating country. Send six cents in stamps to cover postage. " T. B. FISHER, General Passenger Agent, ' 632 Cooper .Building, Ienvrr Colo. . HOTELS. HOTEL KUPPER Kaaaaa CRy FSsW Miaaourt --m Bha1 i- sj n mm 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 Uia thaalsrs. MtPrHnSM 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, of Guatemala. 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 Back It. 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 planter. 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. vllio Courier-Journal. SUPREME COURT JTLUBI LOSS SCALED THIRTY MILLIONS Insaranee Companies Eliminate Large Aasonat front Liability for San Pxmnclse Dlsaater. 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 of success. 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 property. 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 need be. 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 signor had. 6. Instructions announcing a contrary rule disapproved. 13780. Slate agslnst Paxton. Error from louglas. On rehearing, former opin ion adhered to. LeMon, j. Upon rehearing former opinion ad hered to. 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. Barnes, J. 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 No. 1. 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 sustained. 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 dmled. 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 the Judgment. 14377. Lincoln Township against Kansas City A Omaha Railroad company. Appeal, Kearney. Affirmed. Duffle, C Division No. 1 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, doubted. 14.1W. Nealon against McOarglll. Appeal, Greeley. Aflirmed. Albert, C Division No. 2. 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 quainted therewith. 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 No. 1. 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 approved. 14614. State ex rel. Sumption against Smith. Original. Writ denied. Sedgwick, C. J. 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 tlieref rom. 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 approved. 14411. Taylor against Hover. Appeal Parpv. Affirmed. Duffle. C. Division No. 2. instructions defining adverse possession examined and held not prejudicial to the defendant. 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 No. 1 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. TT aml T- ,V " JJS, ' NEARLY 4D9D90)0) PACKAGES of this most nutritious of all foods have already been consumed but CHEER UP I 41 .ihf ".Hf hif 1 .Uneeda Biscuit lib-.. 2 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 r NATIONAL BISCUIT COMPANY t (i " 0 4 . h,T'??Alllil.-' .l-. f t i i "Spt0 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. . rtci-icr ru LMUItii iaa a lir. I.FWK'TAni rrc H - - - - rm.m&jMg a J m aMlst.l, h, rlukU r.jul,i. iBc.i,,, U Milct la lhMiu4i ol cue slur til tit till,. O Tbt tnl, kane treatnarnt abiolaul, rcliabU. V actai all iaiiaiioaa.aan ktaiik iiom in aoai ft I i. I : i : . . . ill.,!. , l- oo BvBVBt. Licenacf lpci,li,i I M 4 T IjT1 ! I"l Csassliidsa t res v'tSApAoLe-y I PHICK Sl.OO 1 1 -f (IliJuji-J al stilts of , mill Want a Serva.rt Bee Wuat Ad will get you one quickly at small cost raillYROYAL PILLS KJZth! 4 yr-14 LxatWa. aa &'Mf4s i r .0 kj a f,nuLiM 4M4 bM MM. KttailM mm4 laaita ttlaU. 1 Tl n ) lrtIM4. jfclsA sMT l'h aaUl C-Ofc MEIURD WOMEN. Das i 'or aaaatarml Slackotsa.laBMOM4MB. imtalloaa aicocouaoa of aasoo BMo. fllaaa- too H Hl Oa (oat Of aolaooaos. aM prvanrlota, r al Is alaia onsaM, aisrsea. roal4. lao I m 0t awttlaa SI t. lrHU( mm aa lasaaaa TWENTIETH CENTURY FARMER rablUfcsa TUaaljt raras Ttflts, Follow (ha) FU.' LOW RATES SOLO DAILY IN JUNE. JULY II, AU8. I AND 22, SEPT. 5 AIS 19 Ask WABASH CITY OPFICK, 1601 Faraara St, or addraas HARRY E MOORES, O. L P. lv Wafcaah II R Omjkha, ... NetwMka