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j'liE BEE: OMAHA, THURSDAY, JULY 15. 1000.
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rffi TAXES MICH HIGHER
Seventeen Mills Above What They
Were Last Year.
MOST OF EXTRA TO WATER BOARD
r II
Rate of Lrr Will n 74.6 Mills an
Flgn red on the I. nut Ury .
Amounts and Fonda and
Their Limits.
i
"Dad" Weaver
Given Send-off
by His Friends
Guest at Ad Club Banquet and Re
cipient of Gold Watch aj
Token,
City taxes will he over 17 mills higher
this year than lat.
About IS. 5 mills must he added to raise
the 1360,000 for the Water board and
about 3 8 mills must he added to raise
the extra 1100,000 for the general fund.
The last levy for city purposes was 57.3
mills. The next levy will be about 74 6
mllla.
This Is figured on the last levy. The
new levy will make some change, but, aa
the city comptroller exprosson It, "not
ufflclent to be worth while."
ror several years no levy has been
made for the Water board, but this year
a lavy to raise 3u0.000 will be made. The
city general fund has been Increased by
$100,000. and while the Board of Educa
tion haa not figured out Ita probable ex
penses for next year, It la though, that
they will naturally be higher. One thing
tliat will tend to make the levy for school
purposes higher la the fear that under
tha o'clock closing law there will not
b aa many aaloon licenses taken out.
Last year tha board In making Its levy
figured on receiving- from saloon licenses
the sum of 1240,000. Tha total levy for
achool purposes last year from tax col
lections amounted to $664,600.
Tha laat levy was 33.9 mills for general
purposes. This will be raised to about
87.7 mllla. Tha last levy for sinking fund
purposes was 9.4 mills and this will remain
the same. The last levy for school purposes
was 14 mills and this will probably be
raised. There was no levy for the Water
board and this win be about 13.5 mills.
State Uw Glrea Power.
Tha state law gives the Water board
power to levy for funds not In excess of
$100,000, making It mandatory on the mayor
and city council to make the levy. This
law, the Water board act of 1905, says:
"Such fund and Interest thereon shall
be used for paying for water and hydrant
rental."
John L. Webster, attorney for the Water
board, says he does not know what the
$100,000 "for fund for 1910," Is to be for and
referred his questioner to a member of
the board. Dr. A. II. Hippie, member of
that body, aays It was to pay expenses and
hydrant rentals In the future. The doctor
ays the board haa enough money on
hand to pay court costs and lawyers' fees
and that this additional $100,000 would not
have to be used for these purposes.
The board has already confessed Judg
ments In the sum of $215,000. Tho council
authorized a levy of $260,000 for hydrant
rental Judgments, which will give the board
only aa extra $16,000 to pay other hydrant
bills.
Mayor Dahlman Intimated that he may
veto tha water board levy, though he says
he could not decide Just what he would do
until he had ascertained lust what the
money was for. The executive said he
would not veto the regular levies, as the
$1,260,000 oertlfled for the general and sink
ing funds Is needed.
Amounts Aa Certified.
Tha amounts certified by the city coun
cil to the county clerk for requirements
for 1909 and 1P10 are as follows:
1909. 1910.
General purposes ' ...'..... tWO.OOO S1,H,000
linking fund 260,000 2J0.O0O
Water Judgment 2f0,000
Water fund loO.OoO
"Dad Weaver has been a pretty ex
pensive luxury for some of us, but he has
done his work In such a slick way that
we have rather liked It,
JOSLVN LOSES FIRST ROUND
Mast Disprove Charges of Fraud Re
garding Possession of Home.
HIS DEMURRER IS THROWN OUT
Orlartnal Owners of This Magnificent
Kafat Win First Fall In Con
test to Heeover the
Property.
at a banquet 1.7) leading Omaha business
men gave to J. P. Weaver, advertising
solicitor for The Bee on the eve of his
departure for Knnsns City, where he be
comes advertising manager of the Kansas
City Post. The banquet was given under
the auspices of the Omaha Ad club
Wednesday noon at the Paxton.
Words of regret were spoken by repre
sentatives of nearly every leading line of
business In Omaha, and at the close Robert
Manley, representing the Omaha Ad Men s
club, presented Mr. Weaver with a beau
tiful and expensive gold watch.
"Not to be outdone by my friend Manley,
I want to give Mr. Weaver a return ticket
from Kansas City to Omaha, so he may
come back any time he chooaea," aald
Victor White.
Colonel William Kennedy was toast-master.
"A feast Is usually looked upon as an oe
caslon for rejoicing," said C. C. Rosewater,
general manager of The Bee, "but this Is
more like a funeral In that we all hope the
man has gone to a better place. Seventeen
years with one Institution la a good com
pliment for any man to have paid him,
We have all come to recognise the won
derful and rare makeup of Weaver. Were
I to express my thought, I might wish he
would not succeed In Kansaa City so he
might return to Omaha, but I wish him
every possible good luck and success."
Other speakers were Harry Doorley,
manager of the World-Herald, Ernest
James of The Bee, E. A. Hlgglns of the
Storx Brewing company, F. W. Judson,
president of the Commercial club, Carl
Herring, grand mufti for Ak-Har-Ben and
Major R. S. Wilcox, manager for Brown
ing, King & Co.
The event was a splendid tribute to the
popularity of Mr. Weaver. Every speaker
had the ring of sincere friendship In his
voice and Mr. Weaver was showered with
words of cordiality by others who did
not speak at the banquet table.
Totals $1,150,000 $1.600 000
The limitation of dlutrlbutlon of amounts
for 1909 and 1S10 required for general pur
poses and for the sinking fund, according
to a statement furnished by tha city comp
troller, la aa follows;
Inc.
u i . . wo
' r , over
1909. 1910. 190.
Fire fund $ lM.OUO $ 260.000 $ 60 000
BOY LAYS THE FIRST BRICK
Ervln Itrandels Makes Start on lfew
Theater Accredited by the
Inlon.
Properly certified as a member of the
Bricklayers union, No. 1 of Nebraska, Er
vln Brandels, the lS-year-son of Arthur
Brandels, laid the first brick for the new
theater and annex building at Seventeenth
and Douglas streets.
Previous to the ceremony a wortt card
and a letter of congratulation had been sent
the boy by George Routt, secretary of the
union. The letter expresses the hope that
"you will prove yourself a good and
worthy mechanic."
The boy, who Is the only male Brandels
of the third generation, responded briefly
and thanked the organisation for the cour
tesy extended him and said that ha hoped
at all time to prove worthy of the honor
conferred upon him.
It was a special source of satisfaction to
him to receive the distinction, because he
haa always been fond of study of manual
training and both In Omaha and New York
achools he has taken the highest honors In
this work.
Police 160.000
Lighting 'O.OW
Library 26.000
Park 60.000
Clean'! BW'p'g. 66.000
Publlo Wka. lMt. 160,000
General 216.000
St. repair, grading ....
Curb, gutter and
paving (asphalt
plant)
IrtO.OOO
70,000
90,000
60.000
60.000
zas.ouu
26,000
60,000)
1.000,000
260,000
10,000
6,000
10, 000
10,000
6,000
Judge Troup has overruled the demurrer
said C. C. Belden 1n tne ca of CUnum Joy Sutphen against
oeorge A. Joslyn, by which Joslyn s attor
ney was trying to get the case out of court
and Joslyn will have to disprove charges of
fraud and collusion to hold possession of
his magnificent home at Thirty-ninth and
Davenport, the finest house and grounds
In Omaha.
Clinton Joy Sutphen, his sister. Mrs. Earl
Klpllnger, and his younger brother, Earl
Sutphen, brought ault against Joslyn,
claiming the property because of the will
of their grandmother, Mrs. Emily M. Sut
phen, who left the property to their father
and grandfather In trust for them.
Oeneral John C. Cowin, attorney for Jos
lyn, filed a demurrer In which he cited the
rule of law known as "Shelley's case," by
which the courts have held that property
In trust under certain conditions may be
sold and Joslyn alleged that he had bought
the property In 189$.
By Judge Troup's decision, however,
"Shelley's ease" which haa tangled so
many wills, does not apply In the state of
Nebraska, and DeWItt C. Sutphen and
Charles D. Sutphen, husband and son of
Mrs. Sutphen, had no right to sell the
property. Following this ruling the charges
of fraud and collusion In disposing of tha
property before they were of age, made
against their father, grandfather and
George A. Joslyn, by the younger genera
tion of 6utphen's will have to be disproved.
Will Fix Big" Point.
The ruling of Judge Troup, If sustained
by the supreme court, will fix a very
Important principle of law In Nebraaka.
In this Joslyn case the property was willed
to the testator's husband and son "and
heir heirs," which Indicates, very clearly.
according to the court, that she expected
them to turn It over to the children at
death without In any way disposing of It
in the meantime. "Shelley's law," however,
which 1 a survival of English feudal law,
states that In auch cases It Is necessary
for the testator to name the secondary
heirs, or otherwise designate them exactly,
or her obvious Intention of having them
finally get the property will be overruled
by the court and willing a thing to "a man
and his heirs" would mean almply willing
It to a man entirely, without restriction.
By "Shelley's case" the Intention of the
testator Is overruled beoause of a very
slight difference In wording In the will.
Judge Troup declarea that the law haa
done enough mischief In this state already
and should not be recognized. It was
never formally adopted aa a part of the
statutes and In twenty-seven states of the
union It has been held to be Inconsistent
with the constitution. So when General
Cowin cited It aa a Justification of the sale
of the property In 1S9S to Mr. Joslyn, al
though the secondary heirs were children.
the court ruled that It waa not a part of
the law of Nebraska.
The property, which was originally only
valuable farm land, has In the meantime
become one of the most valuable estates
In the west, and this decision Is a first
step toward taking It away from Joalyn
and giving It back to the Sntphens, who,
under their grandmother's will, were be
queathed It.
The petltlona of the Sutphens will now be
heard to establish whether or not tha will
was made In their favor.
For gen'l purpose. 900.000
Sinking fund 160,000
Total' $1,1M, 000 $1,250,000 $100,000
Bigger, Better, Busier That's whai ad
vertising la The Bee does for your busl-
NATIONAL GUARD AT CAMP
State Militia Will Blvonvao at Ash
land Last Eleven Daya of
the Month.
The annual encampment of the Nebraska
National Guards will be held at Ashland,
July 20 to 81. Inclusive. The movement of
the several companies by rail to Ashland
will begin on July IS. The Fremont Signal
Corps, Lincoln Hospital Corps, the Stan
ton and Norfolk campanles will be the
first to arrive at the camp. The McCook,
Kearney, Holdrege, Hastings, Alma, St
Paul, Aurora, York, Geneva, Wymore,
Beatrice, Wilbur, Crete, three Omaha com
pnnies, Lincoln, Nebraska City, Schuyler,
Albion, Madison, Rushvllle and Bloomfleld
companies will arrive at Ashland July 20.
Arrangements have been made with the
Burlington railroad company to have
trains 16 and 17 stop dally at the camp
during the encampment.
HOW MTTCH WOULD THET GET!
Question as to Whether Claimants
eenre noose as Well.
The Joslyn property l now valued at
about $000,000. The land, which is the es
tate involved In the litigation, consists of
five acres, or about fifty city lota. It Is a
beautiful landscape with massive hot
houses on It. Whether or not the house
and improvements will go with the land
when the suit Is finally settled Is atlll
matter of dispute.
"If the Sutphens should succeed In get
ting a decision In equity which established
the fact that the land never did legally
belong to Joslyn they would probably
have right o make claim for the Improve
ments also, but the holder of land has
some rights to the Improvements even
when his title to the the land Is disputed,'
said an attorney. "The exact value of the
real estate which could be recovered If the
decision is In favor of the plaintiffs, would
ii
A
yh The Hungriest Boy on Earth
is the growing boy at ten. You can't build
him out of books or sermons. His growing
body demands more building
material than the adult. Nature
is making for him a structure of
brain, bone and muscular tissue.
She must build it out of the food
he eats and the air he breathes. The best food
for the growing boy or girl is
hredded Wheat Biscuit:
because it contains all the material for making
bone, brain and muscle. The crispness of the
shreds promotes mastication, which means sound teeth.
The food to study on, to play on for children and
grown-ups. Your Grocer sells it
Shredded Wheat it made of the choicest selected white
wheat, cleaned, steam-cooked and baked. Try it for breakfast
to-morrow with milk or cream. The Biscuit is also delicious
for any meal in combination with fresh or preferred fruits.
THE ONLY " BREAKFAST CEREAL" MADE IN BISCUIT FORM
Involve a number of legal points which
must be developed In the trial."
The attorneys for the Sutphens, Rich,
O'Neill A Gilbert, are of the opinion that
their clients are entitled to house and all
the rest of the property on the land.
GL COLLINS STILL ON THE RUN
Ho and Court. Cannot Agree on the
Disposition of His
Property.
After being several ttmea fined In police
court last year for maintaining a nuisance,
appealing the cases to the district and
then to the supreme coirrt, belmr fined
S2S and costs again Wednesday for the
same offense and giving notice of an ap
peal, G. Collins. X20 Cuming street, left
police bourt before his appeal bond was
drawn up and approved.
He waa chased a block and a half by
Court Officer DrlBcoll and Health Officer
E. M. Bonce, brought back to the court
room and remanded to Jail under an or
dinary mittimus. Later he waa released,
when his appeal bond was properly fur
nished. The property In connection with which
Collins Is being prosecuted for maintain
ing nuisances Is located at 2920-22 Cuming
street, and near Twenty-fifth and Cali
fornia streets. Lack of sewer connections
give rise to the trouble, and Colllus Is de
laying making the required Improvements
until tha cases are settled In the higher
court.
F. A. Castle Buys
In Ilcr Grand
CODY IN INTERIOR TOWNS
Buffalo Bill Will Show This Year
In Smaller Cities of Ills
Own State.
Colonel W. F. Cody writes to friends In
Omaha that he has decided to show this
year in several of the interior towns of
Nebraska. Last year a stop waa made at
Omaha and thin tin show hurried on to
the Pacific coast. The colonel says his
new show under the management of him
self and Pawnee BUI Is doing a big busi
ness. The dhow Is now In Chicago for a
week and will then tour Wisconsin and
Illinois until August T.
Secures Half Interest in Hotel and
Will Become an Active
Manager.
A change will be made In tha manage
ment of the Her Orand hotel tills
morning. F. A. Castle, having bought a
half Interest in the business from J. W.
Hill, jr., will become a co-partner with
the latter In running the house.
Some Improvements ar contemplated,
and the office and cafe rooms probably
will be revised and other changes made
In the sleeping rooms.
Since Rome Miller severed his connec
tions with the Her Grand, the hotel las
been managed by J. W. Hill, Jr. F. A.
Castle, who becomes one of the proprietors
of the house, has been engaged In the
Insurance business in this city for several
years.
MUCH THIEVERY. BUT NOT
BECAUSE OF THE CIRCUS
Llght-Plnaered Boys Arc Not
nected with the Big-Show.
Con-
twenty-four pounds of plug tobacco. With
the exception of a few sacks of smoking
weed, nothing else In the store waa
touched.
While A. II, BrlgRS. erstwhile candidate
for mayor, was talking chop, politics and
tha weather with some prospective aus-
tomers on the sidewalk in front of his
store, 1308 Farnam street, a different kind
of customer dropped In through the back
door and helped himself to coins and bills,
value $37, which he located In the till.
Another loser was Mrs. George Mahoney,
909 South Twenty-seventh street, whose
puree containing $8 waa taken from a
satchel In the dining room while she was
not In the house.
A. Tlmmerson, 1206 South Thirteenth
street. Is minus S1.75 and an old revolver,
which was stolen from his room.
But Ray Johnson, whose domicile la tho
Continental hotel, thinks he can beat all
other stories of the "lost and missing"
classification. Suffice It to say that where
once he had a nice new suit of clothes and
a nifty sailor straw hat, he now has old
olothes and no hat; where until reoently
he was rooming with J. J. Callahan, he
now Is rooming alone, while the police are
looking for the said J. J. Johnson declares
that while he was enjoying the sleep of the
Just his room mate arose, donned the new
apparel and straightway ambled forth on
a long walk, from which he la not expected
to return.
And every rogue did hide his head
And no thief raised a hand.
So quoth Chief of Police Donahue In
narrating conditions during circus day In
Omaha. Not a single report of theft, pick
pocketing, robbery or burglary has been
received at the police station that can be
connected directly or Indirectly with the
presence of the circus.
But that doesn t mean there were no
such larcenies In the city. Beveral reports
about the doings of the stlcky-flngered
Individuals were made to the police sta
tion and aome of them deserve prizes
Longing for a "chew," one thief cut the
screening out of a back window of Louis
Glev's store, 1702 Lake street, and stole
harvest only about one-fifth of the crop
that It Phould.
"There Is no scarcity of farm hands In
Merrick as there la In other parts of the
state. The farmera there have been able
to get all the help they need."
Woodmen Site
Waits on Root
RAINS HURT GRAIN CROPS
Do More D.m.ct Than la Thought,
Says Man from Merrick
Connty.
"The heavy rains throughout the state
have done more damage to crops than
most people have lmairtned," said Oeorge
E. Schiller of Central City, who la a gueet
at the Paxton.
"In many parts of Merrick county wheat
and corn are covered with several Inches
of water. This Is the case, of course, In
the lowlands, but the crops on higher
ground have been Injured considerably, too,
by the Incessant rains.
"There are places In Merrlrk and other
counties In the state where wheat will
Men Interested Eest on' Oars Pending
Sovereign Commander's Return
from Chicago.
Men actively Interested in the new site
of tha Woodmen of the World buliiiinit
are waiting on their oars. J. C. Root has
not yet come back from Chicago, and
anyhow It 's enrally believed now that
nothing will bs don until the executive
council meet. ' '
The new Woodmen building, if the lo
cation Is satisfactory, will be one of the
places considered for a home for the Com
mercial club. This organ union will prob
ably lodge In one of the new skyscrapers,
but that one will not be the City National
bank building at Sixteenth and Harney.
J. E. Oeorge told members of the executive
committee of the Commercial club that
the club would i.ot be considered a desir
able tenant on account of the kitchen. The
members of the ejncitive committee wsre
considerably set buck by this infoi matlon,
for they had Imagined that the bank build
ing company was waiting for them with
open anus.
PLAN TOUR TRIP NOW.
Take advantage of the low 30-day summer
tourist fares to New York City; New Jer
sey sea shore. New England and' Canadian
resorts in effect dally vU the.
CHICAOO v
MILWAUKEE U ST. 1'Al.L
RA1LWAT
Folders and Information free. Let us ar
range all the details of yo ir tilp.
City Ticket Office 1U4 Farrmm M ,
Omaha.
F. A. Nash, General Warern Agent.
Even the young folks can remember when all soda crackers
were bought from an open box or barrel.
At that time they were only used because there was nothing better.
But now the perfected soda crackers
IfC
m Pv m n
3
Sold only in
Moisture Proof Packages
dm
in their moisture and dust proof packages are a staple 3-times-a-day
food. The fact that nearly half a million packages arc eaten
every day in the year shows the popular appreciation of
National-Biscuit-Goodness
aa
