Omaha daily bee. (Omaha [Neb.]) 187?-1922, September 22, 1906, Page 3, Image 3
THE OMAHA DAILY BEE: SATUBDAY, SEPTEMBER 22, 1D06. Our New Hardwood Windows WTO Ve not tfc graadlest but the moot metro politan In tho etty and will serf e as a mirror to rofhsot the) Bedrest Fashion Thoughts. Tbs Douglas ttroot tsacUcm la finished, and In It yon will aesj tho clothes that wn dressed men will wear this falL - ST . . fllKCDFIELD SCOFIELD uiv LO0AK&.SUITC0J CLOAK&.SUITCa OOBABCJT DRBBS FttK MKJf AJTD BOTsV. Extraordinary Sale of New Fall Coats and Suits A very special offering awaits you at this store Saturday. 1 We have made plans for a tremendous day's selling and our special offering of the new stylish coats and suits will undoubtedly be appreciated. Big Sale of New Fall Suits at $17.50 A special collection of 100 'suits in this offering. These suits are made up in all the newest effects of good, quality broadcloth, cheviot plaid broad rV.th, or mixtures- in all colors and ah .sizes. Every suit in this .lot is espec ially well tailored and are wonderful values at. !!' only ' NEW STYLISH COATS. Every correct new style in the new fall and winter coats are shown here at a remarkable saving from the juices that other houses ask for garments of equal si vie and quality. I EST! tHk IW1SQI1 HEW COATS AT tlS.SO These coat are made of finest broad cloth, lined throughout with good satin, also or nne im ported mixed materials lined to waist with food sattn. They are made In the long-, Joose Swagger styles great values, at ITTUII HXW COATS AT $10.00 AND 916.00 Stylish coats, made of all wool jersey broaaciotns ana mixea materials, in either Prince Chap or loose styles. In 4 5 and 60-lnch lengths. Qreat variety to choose from. They come In women's and misses' sites very special values, (15 and. 19.50 10.00 H1NSHAW ENTERS A DENIAL Eiji H Hsver Owned an Automobile and Em No Expresi Frank. MACHINE THE PR0PIRTY OF HIS SON Testimony Lumber Cms to B Takea In October Attorner Gen eral Completes Brief in the Railroad Tarn Case. (From a Staff Correspondent.) LINCOLN, Sept. 21. (Special.) In ex planation or denial of the story that was ' reported on good authority In Lincoln tha'. Congressman Hlnshaw franked his auto mobile from Washington to Falrbury, using the frank of Thomas C ' Piatt., presi dent of the United State Express com pany. Mr. Htnahaw wired aa followa: FA1RBURT. Neb., Sept. B. To the Even ing News, Lincoln: - Answering your tele gram, which came In my. abaenoe, the story Is untrue. I iiover owried an automobile, and have no franks.- n H. HINSUAW. A a matter of v fact ths automobile whloh was franked from . Washington to Falrbury was sent on the frank of Thomas C. Watt and It la tha property of th K of Con grass man HJnshaw, !.' R.; Hlnshaw. It la racists red at tha stats' house In tha son's nam. , ', i Kmpreaa Company Wants Pay. , Adjutant General . Culrer has received word to male out a Hat of goods, such aa tents and blankets, . shipped to ths Ban Francisco sufferers - at the , time of the earthquake. Th express companies want pay for shipping these goods, though it waa advertised at the time th railroads were sending th stuff free ,of cost Lamber Csis Set fo October. Th taking of testimony In th lumber ease will begin during tho first week In October. Judge Post, who 'has been ap pointed referee, baa notified the, attorneys In the case that he has some Important matters , on. hand and will , not be able to start In on the case until the early part of October.' Attorney Kirkpatiick, attor ney for a number of the lumber dealers. Is also busy with other matters and the late CHILD'S AWFUL SKINHUMQR Screamed with Pain Suffering Nsarly Broke Parent's Heart Twelve Years of Misery Doctor Called Case Incurable Helped from Firsty and; " , SPEEDILY CURED BY ' x CUTICURAEMEDIES "I wish' to inform you that your aronderful Cuticura has put a stop to twelve years of misery I passed with i . . my son. as an in- f&nt I noticed on his body a red spot and treated same with differentrem edies for about five years, but when the spot be an to get larger 1 put , Eim under the care of doctors. Under ' 'their treatment the disease spread to four different parts of his body. The longer the doctors treated him the worse It grew.. During the day it would get rough and form like scales. At night it would be cracked, inflamed, and badly swollen, with terrible burning and itth- . lag. When I think of his suffering, it nearly breaks my heart. His screams could bo heard down stairs. The suf fering of my son made me full of misery. I had no ambition to work, to eat, nor ' ouuld I sleep. ' " Ono doctor told me that my son's eosema was incurable and gave it up . for a bad job. One evening 1 saw an article in the paper about the wonderful Cuticura and decided to give it a trial. , "I tell you that Cuticura Ointment is worth its weight in gold; and when I had used the first box of Ointment there was a great improvement, and by the time I aad used the second set of Cuti cura Soap. Ointment, and Resolvent my child was cured. He is now twelve - years old, and his skin is as tine snd smooth as f Ilk. (signed) Michael Stein roan. 7 Sumner Avenue, Brooklyn, N. Y., April IS. 1905." ralaa Kxf.-Ml latarul Tmlsmt tar mrj Hutr. tnm rBil lkrnla, trm lotj t Af, li.f "! of Outl r Ha. e.. OtniniMl. JSc, RmaL ml, Ti ! ' CWiit Ml.. P" M h.toflU antulMt- A tut- ' Jrctt.r lir.-a 4 orf., fnim . ". ag-Uaus m, Has fc 0n Uukn t lJa, date will suit him better1 than an Imme diate one. ' .. Ready for Railroad Tax Case. Attorney General Brown has completed his brief In the Burlington . railroad tax case and th copy Is bow In the hands of the printers. The brief will be filed in the United States supreme court October t, at which time. Mr. Brown will make his argument for an affirmation of the de cision of the federal court at Omaha. Forter Wants His Child. Wallace Porter of Omaha Is seeking through the supreme court to gain pos session of his 4-year-old son, who by a decree of the Hall county district court Is now held by Mr. and Mrs. W. H. Thomp son, grandparents of the child. Over the objections of Mrs. Thompson, 10 the brief filed in the supreme court this morning said, WalUce Porter married Edith Thomp son. By the assistance of Mr. Thompson and his own father he built a home end started In the grocery business. Not mak ing a success In business he sold out and removed to Cedar Rapids, la., and became a traveling salesman for the Cud ah y Pack ing company. It was shortly after . this that Mrs. Porter died, leaving a child T month's old. It was her wish, the brief said, that Porter live with Mr. and Mrs. Thompson and he did for a time, having the child with htm. During this time, the brief said,. Porter paid for every meal he ate at th Thompson home and employed a girl to look after th child and paid her board. Finally he removed to Omaha, where he fitted up a home near Hanscom park, and brought his parents there to live with him. When he brought tha child to his own home, Mr. Thompson through ha beas corpus secured possession of the child, and took him back to his own home in Grand Island. The brief holds the court of 'Hall county had no Jurisdiction over th child In Douglas county and seeks to have the decision reversed. It Is asserted Mrs. Porter on her death bed asked thAt her parents take car of th child and Pot ter signed an agreement giving' them cus tody of him. j I TrestsNr Cremln Appeals. Daniel Cronln has appealed from the de cision of the Holt county district .court In the case wherein he, as county treasurer, wss held responsible for the loss of the county funds deposited In the Elkhorn Valley bank, which failed some time ago. The bank was a depository. Bice Get New Trial. Robert Bice, sentenced to th peniten tiary on a charge of assault with intent to do great bodily Injury, today secured a reversal of the decision of the lower court. Under the evidence the supreme court held Bice was' guilty of common assault and battery. Bice, while drunk, picked a fight with James Adklns, who threw him to th ground and then choked him. Bice then drew a revolver and at tempted to shoot, but the weapon was taken away from him and he did no one Injury. The two men had not quar relled before and have been on good terms since. Damage Case Reversed. In the appeal of the Burlington Rail road company against Richard Cleve, the company obtained a Judgment of reversal. The case Is remanded to the district court of Otoe county. Clove obtained damages In the lower court for the loss of two steers In a shipment of cattle from Ne braska City to Chicago. It was charged that the cattle died from overheat on ac count of delay In the shipment. The com pany's answer was In the nature of a general denial and a plea of the statute of limitations. The supreme court held: "In an action to recover damages from a car rier for Injuries sustained by live stock In transit which are accompanied by tha owner or his agent, the burden Is on the owner to show that tha loss complained of waa olc&fltoned by the carrier's neg ligence. In order to recover damages for an alleged delay in the shipment of live stock It la necessary to Introduce aome competent .evidence tending to show the length of time ordlnarly required to trans port the shipment from a place where received to the point of delivery, and that a longer time waa aotually consumed than waa necessary for that purpose. Evi dence examined and held Insufficient to sustain the Judgment of .the trial court" Kern fallen ta Us plate. Superintendent Kern of tha Hastings asy lum is to be called to Lincoln shortly to meet with he Stat Board of Public Lands and Buildings to straighten out th con tract let to Earl Wesoott for the construc tion of elevators at the Institution. Mr. Ualusha said, hs notified ' Dr. Kern to let the contract' to Westcott because Westcott had th lowest Wd. while Chairman Katon of the board said no member of the board had been authorised to tell Kern to let it. When Governor Mickey returns from Nor folk and seta a time Dr. Kern will be called In to tall what he knows about th matter. InlTCrslty Oris the Caab. Stat Auditor Sear! will have to pay th Stat university th 15,000 which lies in th treasury for th us of th experiment sta tion. Th supreme court today allowed the writ of mandamus which mill compel the auditor to draw the warrant for the money. Mr. Searle refused to draw this warrant because there was no specific appropria tion of the money by the state legislature, He contended that after the money had gone Into the state treasury It could not be paid out unless th legislature approprl ated It Cemetery Case Comes Back. The former opinion of the court In th case of Jesse Lowe and others against tha Prospect Hill Cemetery association of Omaha Is adhered to. Tha court Is still of the . opinion the cause should be re manded to the district court with the direc tion to allow further pleading and proof If neceesary to ascertain whether or not certain restrictions and regulations of the right of sepulture can be made on a strip of ground adjoining a cemetery so ss to prevent Injury to the plaintiffs, and If It be found that the rights of the plaintiffs may be protected by proper regulations, then that the court modify the Injunctions so as to allow burial to be made under regulations and conditions subscribed in Its decree. Workmss Recover Wagreai. The Judgment of the district court of Lancaster county la affirmed In the case of Frank E. Wageman against Borden Bros., and action to recover wages gar nlshed and attorneys . fees. The action Is grounded on the act of 1889, entitled "An act for the better' protection of the earn ings of laborers, servants and other em ployee of corporations, firms or individuals engaged In Interstate business." The plaintiff, an employ of the Burling ton at the Havelock shops, alleged and proved that the defendants claimed to hold an account against him; that the de fendant assigned such account to some person unknown to the plaintiff; that there arter suit waa Instituted thereon in another state by a party other than the defendant, claiming to own the account that In said suit the exempt wages of the plaintiff were attached for the satisfaction of said account. Th supreme court holds that this Is sufficient to- make a prima facie case under the provisions of the statute. The amount of the claim against the plaintiff for indebedness waa S21.lt. The amount of wages garnished was $32.87, wnicn amount, together with 110 attorneys' feea, was given the plaintiff by a Judgment in tne lower court. Thla Judgment la af. nrmed. , Bapreme Court Proceedlacs. The following attorneys were admitted vn recommenaauon or the Bar commis sion: Thomas E. Rrariv nt nmih, 1 c Saylor of Red Cloud, Everett H. Evans of rnonn naue. on motion of R. W. Sabin, F. O. McOlrr was admitted to practice. On motion of Roscoe Pound, W. Q. Framp- tun wm uimiuq 10 practice. VOMOWlngr are mlacellamtona nni,n Godfrey against Cunningham, stipulation niiuwcu, ku conunuea to October 2, 1 B 06 In ia annlloAtlnn uTn, warden of penitentiary; ordered to pro duce Mclntyre in court October 1. 108. Mollne, MUburn A Stoddard comDanv asalnst Van Bosklrk, stipulation In re change of title allowed. Sheridan county against McKlnney, stipulation In re briefs allowed; appellants given until November 1 to nie Driers; appellees given until Janu ary 1, 1907. to file briefs. Brldenbaua-; against Bryant, stipulation In re briefs allowed; appellant given until November 16, 1806, to serve and file briefs; appellee given until February 1, 1807, to serve and nie Driers; appellant given until Februar 25, 1907, to serve and file reply briefs. Bannard acainst Duncan, atlnulatlon ir re briefs allowed; appellee given until ucioDer 10, i9us, to serve and nie briefs. 111 re estate ot bdmonion, motion of ap pellant to nie aaaitionai transcript sua mwieu. .ainers avainst Moores. condl tlonal order of revivor entered. Cathers against Moores, final order of revivor en tered. Byron Reed comDanv avalnat Kla- bunde, stipulation allowed: action revived in name or Ueorge W. Berge, executer. Marine against state, by agreement parties, cause continued. Union Pact 11 Railroad company against Flckenacher continued to tK-tober la, 190S. Union Pa cific Railroad company against Flcken c-her, continued to October IS, 1908. Union racinc Railroad company asalnst West lund. continued to October IS, 190(. Union Pacific Railroad company against Fosberg, continued to October is. 10. Union Pa cific Railroad company against Edmond son. continued to October 18. 1906. Union Pacific railroad company against Murray, proceeuings in error; dismissed on mo tlon of plaintiff in error. Edwards against Chicago, Burlington & Qulncy Railway company, appeal dismissed on motion of appellant. Lewis against McMillan, appeal dismissed on motion of appellant. Peter son against Peterson, stipulation granted; appeal dismissed. Avery Manufacturing company against Brewer, stipulation granted; appeal dismissed. Smith against Bartlett, by agreement cause advanced and set for hearing December 4, 190. In re estate of Larson, on request of ap pele cause continued to October 2, 106. Tattersall against Nevels, leave given ap pellants and appellees to file typewritten memorandum briefs. State against lams stipulation allowed: defendant allowed until December 1, 190C, to serve and file briefs. State ex rel. Spencer Lens com pany against Searle, argued and submitted to the court of demurrer. Hoy against Dlehls, contiuned to October 2. 1904: de fendant allowed until October 2, 1908, to serve and nie briefs. State against Adams Lumber company, A. M. Post appointed aa referee to report findings .of fact and conclusions of law. The following attorneys were appointed a members of the Bar commission: W. B. Com stock, Lincoln, secretary; W. A. DeBord, Omaha: W. M. Robertson. Nor folk: Charles H. Sloan. Oeneva; Wesley T. Wilcox, North Platte. Following are rulinga upon miscellaneous motions: tVihers ngalimt Inton. motion of anoel- la for Judgment lor cost continued lur Out-of-the-Ordinary Clothes It's not so much what we say about our clothes as what they prove to ttw wearer that ootmta, but we conscientiously believe that for integral value, for char acter and distinctiveness they set the pace for Omaha. ' Our aim has always been to crowd as much sterling merit into our garments as possible. . For that reason this store has come to b known as the proper place to get just the sort of clothing that knowing men want. Just the sort of styling fust tho sort of tailoring 1 ust tho sort of moderate pricing ' A Strong Prrmient Fnatauro hero la oar line ot 116 snlts. They contain an abundance of style- I effect not found ontaido onr gar- iuwuub, urn hue laerius arv a lime better than yon get ordinarily for th pric. 1 bSo"1 It'a not alons) their fine appearance that so Impress discriminating buy ers, bnt also the certain knowledge that behind that line appearance la a fall measure of wear-defying service. No amount of word-painting can do Justice to our better suit truly they are clothes that particular men may wear with the utmost aetlafaotion '. 1 $18 $40 Many other suits poeseestna all the style features of our better garments but of fabrics not quit . , so good down to..:...'. '. CIIAVENETTES The inclement weather of the past two $ weeks suggests water-proof coats. Our Cravenettos il lustrate what is meant by Rain Coat perfection FALL , OVERCOATS Just chill-icluding enough for $ these autumn days just stylish enough to have that made-to-measure look : IiTh s 10 25 to$35 AY The best of BOYS' CLOTHES I : 1 , ..'iitT fiJV'V ,'v ;f Tr vV -1?. iu--k v r-'kff- i- i - e sL - t vi Our boys' wear is selected with the same exacting care as our men's wear. We have alwar com batted the idea that anything was good enough for them that's why so many parents who take pride in their boy's appearance look to us for the right appareL . ,J Particularly noteworthy are those at f 5 every popular cloth, color and style Buster Brown, Buddy Tucker. Norfolk, blouse and double breasted with plain or knicker- booker pants also the Celebrated "Widow Jones boys' clothes for whien we re exclusive agents coat have triple-taped teams, interlining, non-breakable fronts pants have double taped seams and double seats and knees The best boys' suits that money ean $ f Incomparable suits of lesser grade, full buy, tailored like those for grown- ' I! QB of style and good service at ups at prices, up to w prices down to YOUNG The young man looking for snappy clothe s possessing every attribute of style, MEN'S gether with good tailoring and dependable cloths, will likely find$ J" 50 t SUITS ours to his taste . S pa 175 1 to- want of proper proof of service of notice; I Acme Hanrester Company against Curies, j motion of appellant for lave to nie Dnera sustained, motion to dismiss overruled; Kafka, administratrix, against Union Stock. Yards Company, motion of appellee to dis miss overruled, appellant allowed fifteen days to nia briefs; Moyer against Adams, motion of appellant to vacate order of af firmance continued, appellant allowed ten days In which to file briefs; Barker against Montgomery, suggestions of diminution and motion of appellant to supply record sus tained; Barker against Montgomery, mo tion of appellant to advance overruled; Minneapolis Threshing Machine Company against Otis, motion of appellants for an order submitting cause under rule t with drawn, case submitted to be disposed of when reached In Its order," Flannagan against Mathlsen, motion of appellants to advance continued for want . of proof of service of notice; Brockman against Ost dlek, motion of appellee to dismiss appeal overruled, appellant given leave to file brief a within thirty daya; McDonald against Lancaster County, objections of appellee to jurisdiction and motion to quash appeal austalned, appeal dismissed; Parker against Parker, suggestion of diminution and mo tion to supply record sustained; Molleting against Klnneburg, motion of appelles to quash bill of exceptions overruled; Dodge County against Saunders County, motion of appellees to advance sustained, appellees al lowed thirty days to file briefs, appellants allowed fifteen days to file reply briefs; I.& Rue against Parmele, ' motion of appel lant to advance sustained: Palmer against Van Auken. motion of appellant to quaah bill of exceptions overruled: Palmer against Van Auken, motion to appellee for leave to file additional transcript sustained; Cunn ing against LJckert, motion of appellee. Bankers' Surety company, to quash tran script and dismiss proceedings overruled without prejudice, questlona reserved for determination on flaal hearing; Onlby against Foxworthy. motion of appellant to advance sustained; Colby against Fox worthy, motion of appellee for security for costs overruled; Colby against Foxworthy, suggestion of diminution of record and mo tion of appellees to supply sustained ; Smith against Bartlett, motion of appellees to quanh bill of exceptions overruled; State ex rel. Omaha Oas Company against Wlth nell, motion of appellant to advance sus tained; Terry against State, motion of plaintiffs to advance sustained, plaintiffs allowed ten days to file briefs, defendant thirty days to file answer briefs; plaintiffs en days to file reply briefs: Ortmm against Omaha Electric Uirtt and Power Company, motion of appellant for leave to file peti tion in error continued to final hearing: Murphy against Citv of Plattsmouth. mo tion of appellant to advance sustained; Myers Royal Hole Company agalnat Grls wold. au'cestlon ft ifl-nlnutlon of record and appellant's motion to supply sustained; Flanacan aaslnst Mathlsen. motion to re vive aii'tntned. action revived In nama of Anna H. Boyd and Margaret Boyd Clark, excutrxes. The following onlnlonp wre fllwl: Lowe against Prospect Hill Cemetery As sociation; former Judgment adhered to; Letton, J. Ramold against Clayton; af firmed; Epperson, C. Gordon Bros, against Wageman; affirmed; Albert. C. Martley agair.flt Martley; reversed and remanded, with Instructions to enter a decree in ac cordance with the prayer of the petition; Ames, C. Cleve against Chicago, Burling ton St Qulncy Railroad Company; reversed and remanded; Oldham,- C. Starr against Dow: reversed and remanded; Oldham, C. Griffith agalnet Griffith; affirmed; Epper son, C. Mirage Irrigation Company against Sturgeon; affirmed; Oldham. C. Bice against Btate; reversed and remanded; Barnes, J. State ex rel Spencer Lens Com pany against Searle; demurrer overruled, writ allowed; per curiam. Following are rulings on motions for re hearing: Getsschmann against Board of - Countv Commissions: s: overruled. Mccreary against Or.Unton; overruled. Martin against Martin; overruled. Otto against Conroy; overruled. Thornhtll - against Har greaves ; overruled. Moore against Neece; over ruled. Haddlx against State; overruled. Western I'nloii Telegraph Company against Douglas County; overruled. rbamfcerlala Ofvea Be-ad. TECUM8EH, Neb., Sept. a. Special Tel egram.) Ths matter of fixing tha bond In the cases of Mrs. P. B. Jones and C. H. Dennis against Charles M. Chamberlain, ex-banker, came up In the district court I before Judge J. B. Raper tills afternoon. Chamberlain la accused of receiving moneys from ths parties named for de posit after he knew his bank to be In- Jones case and $500 in the Dennis case, which wss given. The cases will come up for trial at the regular term of ths court November 12. BIO CROWD HEARS KORRIS BROWJf Major Portion of His Speech Devoted to the Railroads, NEBRASKA CITT, Neb., Sept. a. (Spe cial Telegram.) Hon. Norrls Brown, candi date for United" States senator on the re publican ticket, spoke in the county court house this evening to ' one of ths largest audiences that ever assembled In the dis trict court room. A number of county can didates delivered short addresses, after which Judge William Hay ward, as chair man, Introduced Mr. Brown. As Mr. Brown arose the audience greeted him with hearty applause. In beginning Mr.' Brown said he did not come to speak about men, but of prin ciples, and would not discuss the candi dates on the opposing ticket. He spoke on national politics and discussed the dif ferences between the two great national parlies. He said he was In favor of en forcing the McKlnley tariff law and was not in favor of making any changes in Its provisions. The law was enacted to protect the factories of this nation and should be left alone. Even ths democratic party would not attempt to repeal the law. Mr. Brown said that President Roose velt stood for the protection of the people of this country against tne grest corpora tions and In his message to congress he asked that body to enact laws for the protection of the masses. He said Presi dent Roosevelt had two - mora yeara In which to fight for the people and if tha people had their - way he would have alx more yeara. (Oreat applause.) In discussing 'tha railroads Mr. Brown stated that the railroads fought the peo ple and fought the politicians who would not be controlled by them and he thought now waa the time for the government to control these corporations and President Roosevelt waa fighting for government con trol. He discussed the freight rates In Nebraska and compared them to rates being charged in adjoining states, show ing that the rates charged by railroads In Nebrsska were greater than those charged In other states. The only way to secure fair rates was by electing a railroad com mission of men not controlled by the rail road corporations snd these men were ths nominees of the republican ticket. In speaking of Hon. George L. Sheldon, Mr. Brown called him the Teddy Roosevelt of Nebraska and urged the voters to elect Mr. Sheldon their governor. Ha scored the railroads for bringing the injunction to prevent the county treasurers from col lectlng the taxes assessed against them under the new assessment law and be lieved the United States supreme court would uphold Judge Munger'a decision. Gravel Road for korfolk, NORFOLK. Neb.. Sept. 21. Spedal.)-A gravel roadway will ba made between Nor folk and Norfolk Junction at once. Tha distance la something mors than a mils snd ths highway will bs built by ths city and county aa an1 experiment. If it is successful, ths gravel roads will spread In Norfolk and vicinity. The gravel will ba laid twelve Inches deep at the center and will taper to a feather edge,, fourteen feet wide. Work on the new sewer, costing fgi.000, begins In ten daya An effort Is be ing mads to pave Norfolk avenue. Boy Shoots at His Father. ALBION. Neb.. Sept. H. -(Special.) Themaa Altlg, s farmer living northwest of Albion, yesterday filed a complaint In tbs county court, charging his lS-year-oid son, Grover, with shooting at him Monday morning with Intent to kilt The father says that with but slight provocation tbs son shot at him four tiroes with a re volver. The boy left home Immediately after ' the shooting and has not yet been apprehended. . v LEAVES MONKY TO HER .FRIENDS Sarah Smith of York County Cats Off Adopted Child. M'COOL JUNCTION, Neb., Septv 21. (Spectal.) Several residents of McCool sre congratulating themselves for being kind snd attentive to 8arah Smith, an eccen tric widow, wife of the late ' John Smith, pioneer settlers of south York county, and many other residents regret that they had not been more kind and attentive to '.'Aunt Sally," as she was familiarly known to all south York county. When the will of Sarah Smith waa read today and filed for probate It caused a great commotion and every resident has tsken sides and prospects seem good for a long and bit ter content in the courts, and It Is all over thla will, in which Sarah Smith left property to the amount of $6,000 to resi dents of McCool Junction who were not related to her and cut off her , adopted daughter, Florence Wright, a realdent of McCool, with only $10. John Smith and wife were of the first settlers In York county snd for several years maintained a stage station. The first White man shot and killed In York county was killed by John Smith, who acted In self-defense, killing a drunken stage driver who threatened his life. 'From the farm they moved to McCool Junction. About ten years ago they adopted a little girl from tha Home of the Friendless at Council Bluffs, la. This girl helped In the housework and nursed during sick ness both Mr. snd Mrs.. Smith, snd owing to this there Is considerable Indignation because she waa cut off with only 110. Ths following residents of McCool Junction re ceived property In McCool Junction: C. E. Hart, worth $1,100; John Nahrgang, Worth $900; Little Ethel Ashmors, worth $1,000, snd to Arthur More, cashier of the Blue River bank at McCool Junction, son-in-law of O. W. Post of York . the alance of. the estate notes and mortgages and cash amounting to about $3,000. , FREMONT COMPLAINS OF COAL RATE Greater Than Omaha with Omaha Fremont Local Added. , - FREMONT, Neb.. Sept. 2L Special.)' Fremont people have read the reports of the hearing en ths coal situation with much Interest, as it was thought a change In rates to conform to ths new law might make a reduction in tha cost of western coal here. Ths local dealers have known for some tlms ths difference in rates In favor of Omaha, buf It was news to many consumers that tbs rata was higher than ths Omaha rats, with a local rata from Fremont added. One dealer undertook to even up things some time ago by billing hla coal to Omaha, than ordering It re shlpped to Fremont at local rates, thereby aavlng 80 cents a ton, but ths company refused to accept the shipment unless ths coal was unloaded Into other cars. It Is the opinion among coal men here the road will not reduce Fremont's coal rates, but that the company will comply with ths law by raising Omaha rates. All dealers hers complain of being unable to gat Rock; Springs . coal, though ordered several months sgo. Nebraska- Wheat Golnsr Sonth. BEATRICE. Neb.. Sept. 21. (Special Tela, gram.) Beatrice grain buyers hava , had inquiries from Oklahoma and Texas millers for whest and were at a loss to under stand tha reason until today it developed that buyera from these states are hers buying wheat, claiming that they are unable to buy wheat In Kanaas on account . of so large a per cent being damaged, mak ing it unfit for flour. Two Held - for Robbery. BEATRICE, Neb., Sept. 21. (Special Tele gram.) At their preliminary hearing today (Continued on Fifth Page.) $20 HAND SAPOLIO Is especially valuable during the summer season, when outdoor occu pations and sports are most in order. GRASS STAINS, MUD STAINS an CALLOUS SPOTS yield to it, and it is particularly agreeable when used in the bath after riolent exercise. ALL GROCERS AND DRU (JOISTS Frsm St Louis and Kansas City ia M. K. & T, R'y To Dallas Ft. )Vorth, Waco, 'Houston," Galveston, San' " Antonio, Corpus Christi, v Bro wnville, Laredo and in termediate points. To El Paso and intermediate points; .$26.50 To Indian Territory, Okla homa and Northern Texas points, one fare plus $2.00, but no rate higher than.$20.00 r. .1 1 i inn, . . - , i points: From Chicago, $25; St.' Paul, $27.50; Omaha and Council Bluffs, I22.S0. i Tickets on sale only on September 18th and October 2nd and 16th good thirty (30) days from date of sale, with liberal stop-over privileges In both directions. Writs tor literature and full particulars. W. 8. 8T. UEORGE General Pass. Aient, M. K. & T. Uy. Walnwrlght Building, St. Louts, Mo. IB "SOUTHWEST" AM ITS KM CUTS. cnciartTOM. fV ..a f snrnm'v-'u 'Phone Douglas 4M. MATINEE TODAY TONIGHT 1:1. . MODERN VAUDEVILLE Paul Kpadnnl, James Thornton, Water bury Bros. A Tenny, Macart's Dogs and Monkeys, Lillian Ashley, Bryan Sc Nadlaa. Cbas. Lsdsgar and tha Kliiodroms, raicxa lo, os