THE OMAHA SUNDAY BEE: XOVEMKKIt 21, W0.
5 .
Suit to Eject
Fruit Men Said
to Be a Fraud
LABORERS' WAGES BOOSTED
Demand for Workers in Omaha Now
Greater Than Supply.
1
PUSI'S HEIRS WIN AND LOSE
'Intervention Tapers Thrown Out,
Way of Intervention Explained.
BISHOP WILL GAIN HIS POINT
Will lie A hi to Prevent Hotrs
from t attln lp Heslriae of Ke-
Working: fllrU Not
Ileiirflclarlea.
' The heirs of Count John A. Crelehtnn
cored on the eutfare a vlrtory In dtotrlct
..-court Faturday, but the latter part of th
ruling by Judges Tlrdlck and Kplelle was
' quite the othrr way about.
The court threw out the petition of
Intervention In the will contept, and eta ted
'Its grounds for doing so. 1-ater, never; he
less, the court Informed the side desiring
to Intervene how It' can legally be done.
The upshot la that the Intervention will
be achieved and this In the object of the
law firm retained by Bishop Scannell to
prevent the helra of Count Crelghton from
cutting up one-half of the realdue of the
eatata.
" Judge Redlok spoke In behalf of JudK
Kftelle and himself. He declared that the
lnlervenors In the Bulla, who are a num
ber of poor working girls, cannot properly
bo held to be beneficiaries under the will.
Tho fight la over the portion of Count
Crelghton's will which establishes a home
for poor working glrla. Only the trustees,
aid Judge Redlck, could determine
whether or not the glrla named are eligible
as beneflclarlea. It la a matter without
the province and Jurisdiction of the court.
Accordingly, If the glrla cannot b shown
to be such beneficiaries, they ranno. in
tervene In the case as Interested parties.
O'onteutlon la Wrong.
Taking up another question argued,
Judge Ttedlck declared that the contention
of the attorneys for the helra and trus
tees was wrong when they said that tha
attempted Intervention cntic too late ruid
Should have been made In county court.
"Assuming, an we do," said the court,
'that the trustees are honorable men and
perfectly fair-minded In this mutter, there
la the added fact that as helra they have
an adverse Interest and thus a new situa
tion haa been created since the will was
passed upon In county court."
On certain technical questions of prac
tice the court also held with C. J. Smyth,
representing the Intervenora.
Flnully Judge Kedick suggested that the
governor of the state could be asked to
tell the attorney general to file petitions
In Intervention, and this will be done.
Whether Mr. Thompson or C. J. Smyth
will then conduct the case for this side
remains to be seen.
With the intervention thus established,
as It undoubtedly will be, the matter
will be threxhed out on Ita merits In dis
trict court and the question decided there
as to how much of the 1160,000 left ought
to go to the Working Glrla' home.
M EN TOO BUSY TO G0F0R
LICENSES, SO SEND GIRLS
Two Atlantic, la., Lovera Have to
Work Beyond Time Court
. , . Hons Cloaca.
A hard-hearted employer, whoa Identity
Is not ascertained, kept Roy White and
Don Woodward working until 12:30 p. m..
Saturday, so that their future wives had
to go to the office of the -county, judge
before noon and get the license to wed.
For the marriage license bureau shuts
Up shop when the aun crosses the me
ridian.. . . . - .
, Vonette Hall, who Is to espouse Mr. White
and Dora Hoffman, who will . shed sun
. fblne In the home of Mr. Woodward, ap
peared together and asked for the licenses.
."Our fiances,", said they, "hava to work
until half after noon, ao we thought we'd
some and get the licenses ourselves If it
la all right."
They gave the residence, of tlielr hus
bands aa Atlantic, la., but said they had
recently come to Omaha and were at work
here for some "cruel tatili'naster."
RAY K. WILSON IS DEAD
Well Known Traveling; Salesman
Dlea After Several Years
of Illness.
Ray K. Wilson, well known traveling
talesman and business man, died Friday
ifter an Illness of several years. The bur-
a i win on mnae nunaoy ariornoon in r or
tst I.awn cemetery and services will be
l.eld at Ote home of his sister, Mrs. U.
, Lancaster, ,. 3925 North Twenty-second
trect, under tho auspices of Kxcelslor
odge of Council Bluffs Masons. The
Mlbearers will be H. E. Swain and A. C.
Parker of Harlun, la.; Roy Ayers of I'apll
Jun. W. B. Honey,. A. W. Brooke and A.
Lancaster of this city.
Mr. Wilson was born In Manchester, O.,
tnovlng to Neosho Falls, Kan., when a boy.
In 1890 he came to Omaha, where he made
lis home for a number of years, being
lonnected .with the M. E. Smith Wholesale
&ry Goods company and Thomas Ktl
atrlok & Co. He will be remembered by
he many traveling salesmen of Iowa and
Nebraska, having for several yea- trav
Hed In these two states for the Nonatuck
lilk company. For two years prior to the
llneas which culminated in his death he
ras engaged in tha mercantile business at
7lartnda, la.
PAUL DECISION IN A WEEK
Will Be
Troup
Announced by Judsre
et Saturday
MornluMT.
Judge Troup, returning from Tekamah
br' a day, announced that he will give his
lecislon In the suit of John Paul and Mrs.
iellle S. Paul next Saturday morning at
I o'clock. The ruling of the court, owing
0 the sensational nature of the hearing,
1 awaited with considerable Interest.
Humphreys Seventy-Seven
Famous Iiemedy for Grip &
W hile) "Seventy-Beven" la gold In
ivery drug gtore in America It la best
o have, a bottla la your pocket, and
ake a done at tha first feeling of lat
itude and weakneaa and ao break the
lold up at its Inception.'
"Seventy-seven" will cure a Cold
iter the Influema, Cough and Sore
Ihroat have set la but It take longer
why delay?
V.T1U Teat pocket. Druggists. t5c.
Humphreys' Hobim, Medicine Co., Cor.
fUllani and Ann Streeta, New Tork.
Action Not in Good Faith, Affirms
Attorney for Italians in the
Schlit Building.
The suit over possession of part of the
premises of the Sehllta hotel began in
county court Saturday ..nornlng, but was
not concluded and went over until Mon
day. It Is the case brought by Fred
Vogel, Jr., of Milwaukee to 'eject the
Tropical Fruit and Cindy company, other
wise James Rotolo and Earn Hcavuzxo,
from the basement which they occupy as
a fruit store.
Just prior to the starting of the hearing
a tart reply was filed 'n behalf of the
Italians by J. C. Klnsler. The reply de
clares that the suit Is not brought in good
faith and constitutes a fraud. The orig
inal petition Is against the Fhllbln
Murphy Hotel company Hnd the Italians,
and In to dispossess both. But the I'hll-bln-Murphy
company met with reverses
some time ago and J. C. Fhilbin Is now
lessee, in fact, from Vogel.
The real fact in the case Is that because
of the daylight closing law the hotel does
not wish to operate the Heidelberg cafe
and Vogel wishes to convert that part of
the building Into a storeroom. When the
cafe was established the floor was raised
several feet above the street level and to
make a good store of It It will have to be
lowered buck. Here Is where the Italians
come in. To thia depression they object
and refer to their lease.
Their reply also asserts that the Schllta
Brewing company la still the real owner
of the property and hints at a wash sale
to Vogel.
Vogel, who Is connected with the great
leather and tanning company of Milwau
kee and many times a -nllllonalre. In a
relative of the Ulhlelns, who own tha
Schllta Brewing company.
Foot Ball Player
Has Neck Broken
Albert P. Wibiralske of Orange, N. J.,
Thrown by Tackle While Eun
, ning With Ball.
ORANGE, N. J., Nov. 20. With his neck
broken in much the same .way as that of
Cadet Byrne of West Point, Albeit P. Wibi
ralske, 17 years oftl, died tonight' In the
Orange Memorial hospital, another victim
to foot ball. He had been tackled in open
field while running with the ball and
tin own headfirst.
STONE HITS ANOTHER MAN
Anti-Saloon l eogorr Has I.onls Rent'
from Charged with Brcaklngr
Rlnht O'clock Law.
A warrant has been issued for the arresl
of Louis Rentfrow, proprietor of the bar at
the Windsor hotel, Tenth and Jackson
streets, where a recent raid resulteu In the
confiscation of gambling paraphernalia,
charging' him with violating the daylight
closing law, by selling Intoxicants after 8
o'clock. The complaint was made by
Harry A. Stone) secretary of the Anti
Saloon league, aa have been the rest of
the recent complaints, and the warrant was
at once issued.
Theije"are four counts against Rentfrow,
as follows: On October 10, alleged C. E.
Hoiyoke bought beer; October 9, alleged
C. A. C. Oaveen bought beer; November
6, alleged A. A. Rasp bought beer at 8:30
and 11:20 p. m.
The trials of five of the six saloon men
against whom, complaints were made Fri
day will take place In police court during
the next ten days. Next Friday William
Miller and Charl.-s H. fitillers will come
up; on Saturday the trial of S. T. Oreen
will take place, and on Monday J. J. Sul
livan and Charles Lcntz yrl face tht
court. Service has not been mode on T. J.
Foley, the sixth defendant, as he la out of
town for a few days.
COUNCIL WILL ACF MONDAY
Resolutions to Appropriate Money
and Make Repairs la Laid
Over.
The city council had up a resolution to
appropriate 10.0no, or so much thereof as
may be necessary, to buy new apparatus
for the police department, at a special
meeting Saturday. The resolution was
laid over until an adjourned meeting to
be held at 2 o'clock Monday. A resolution
was also, laid over which provided that the
committee on public property and buildings
and the building Inspector should proceed
to place the burned barn In proper shape
for use.
City Comptroller Lobeck pointed out that
an ordinance Is required to legally proceed
and the city attorney will prepare the nec
essary ordinance for action at the Monday
meeting.
Councilman Brucker spoke in favor' of
tearing out the whole Interior. Including
the secoiid story, of the barn and making
the atructure entirely fireproof, with only
one floor. t
Councilman McOovern Insisted that the
council should not appropriate any more
money than Is actually needed, after the
insurance company which curies the policy
on the burned automobile has settled for
its loss.
RAISE IS FIFTY CENTS A DAY
Workers on Dsr Shifts net fli.tlO nn-1
on Mht ihlft and Still
there Is ntfflcnltr In
Keeping Men.
Scarcity of laborers in Omaha has com
pelled 'contractors to boom wage scales.
Workmen on the City National bank struc
ture, the new Bvandels theater and hn
new Douglas county court house are af
fected by the raise In wages.
At the City National bank, when laborers
completed their week's work, they were
paid at the rate of 12.50 per day for men
on the day shift, men on the night Job re
ceiving tZ per day. This Is a boost of fifi
cents dally In the Scale. Forty men art
given this advantage of the Increase In
wages.
On the Brandels theater the Thompson
Starrett Contracting company has an
nounced a raise In the scale from 20 cents
an hour to 25 cents. laborers on the
Douglas county court house are paid ac
cording to a sliding scale, ranging from 17
to 25 cents an hour, where previously the
maximum was 20 cents.
The James Black company, which has
the contract for the new City National
bank, has had considerable difficulty in
securing men. Men with teams are also
scarce. Unable to secure laborers wlt:i
wagons and hors, the firm has Just pur
chased five teams complete to be used at
the grounds. This was found absolutely
necessary In order to carry on the work
and make progress during the fair weather.
There seems to be general scarcity of
laboring men throughout the country. Rail
road offices report trouble In securing men
for construction work, and, although work
of that nature has been about completed
In this vicinity except for general repair
men, there Is a constant demand for labor
ers from the west, with Colorado a heavy
bidder for men.
"orae Workers Co West.
Twenty tract laborers left for Colo
rado over the Rock Island and will be
used as repair men. J. C. Dailey, gen
eral superintendent of the Rio Grande
Western railroad, Is In the city at the
present time and states that his road and
the Denver & Rio Orande are handi
capped by shortage of men. He came
to Omaha In his private car, "Wasatch."
W. E. Green, first vice president of
the Denver, Laramie & Northwestern
railway, was in the city Friday In con
ference with A. L. Mohlor, vice president
of the Union Pacific R.illfoad company.
Mr. Green states that work on their new
line from Denver to Greeley is progress
ing slowly because of scarcity of labor.
Track laborers, mostly Swedes and
Italians, are paid $1.65 per day In Colo
rado In addition to their quarters.
Thomas J. Flynn, superintendent of
streets, says there are plenty of men for
street work, and that tho department
usually has a sufficient force on hand.
Th street railway also reports no short
age as their employes are mostly regular
men and are not employed on temporary
Jobs.
Comptroller
Rules on North
Platte Case
He Holds Government Must Make
Payments Direct to Persons Do
ing Work on Project.
WASHINGTON, Nov. 20. In connection
with the attorney general's recent blow at
co-operative reclamation construction con
tracts, and involving every condition ob
taining in any Irrigation project, the comp
troller of the treasury in the case of the
North Platte Valley Water Users' associa
tion case, holds that the reclamation ser
vice's only duty is to make cash payments
to the persona who perform services or
who paid others for such services. This
payment Is to be regardless of the North
Platte company or any other holders of the
certificates isaued by the reclamation ser
vice for such work..
The United States, the North Platte as
sociation, and the settlers or water users,
otherwise known as the water right ap
plicants, are Involved. The association
holds 121,453 in outstanding certificates of
tha reclamation nervlce of the 833,774 issued
for work and material, the reclamation
service having agreed to accept these cer
tificates when presented by water right
applicants In reduction of assessments
against them for construction and main
tenance of the works. The attorney gen
eral recently declared against such con
tracts. The comptroller holds that the certifi
cates may be accepted as a prima facie
evidence of the work done, that Indebted
ness for water rights doc not affect tha
right to maku cash payments; that the
certificates must be only to the ones who
did tha work, and they cannot be assigned;
and that the North Platte association's
guarantee of all water right chargra due
to the United States from water right ap
plicants Is void. The dcclalon declares that
the parties must work out their equities
and legal rights among themselves.
PERSONAL PARAGRAPHS
i
Colonel Si Alexander of Lincoln Is a
guest at the Rome.
Judge Edgar Howard of Columbus Is a
guest at the Paxton.
F. J. Schols of Kvansvllle, Iud., secre
tary of the state of Indiana, la a guest at
the I'axton.
W. H. Hunter of Downlngton, Wyo. ; C
E. Wells of Whitewocd, 8. I)., and C. Hr-.n-
ii. on or nhoshonl are at tne Merchants. j
F. J. TaRtart of the I.oyal hotel h.is re- I
tin lied from the meeting of th KuntaJ
and Missouri Hotel Men s association at
IvMniaa City.
E. A. Brunlff of Spokane, C. H. Zimmer
man of Salt Ijike, George H. Sml h of
Twin Falls, JdiihQ, and 11. E. Swand of
Rapid City arc at the Loyal.
W. F. Black of Alliance. W. N. Pence of i
Slullaiid. Tex : Cl aries Hardy of Morrow-
to n. S. 1. ; J. A. Kurko of Spokane and ;
G. Ii. Luturfield of Norfolk arc at the i
Rome. j"
. T. H Currle of Monarch, C. F. Rush of '
Hound Lake. K. H. Chambers of Columbus !
I'. R. Stuiiuope of Denver, W. J. Payne i f j
Lincoln and G M. liahi,- vf HdbUiiAS are I
at the Henbhaw. ,
W. F. Prowett. F. E. Miller of Fullerton:!
W. P. Quuckt nbu5h of Denver, Mr. and
Mr. C. A. Ulakely if Norfolk. John Iiehl- 1
bron and H. F. Landberg of Cope and, j
Iduho. aie at the Murray.
Kinll tlustafson and iaunhler of Ouk- I
laud. Cal.. aid in Omaha to attend the
f.meiil of Mr, UJMsfsun's siier-ln-law,
Uuiinah A. Wariilckc. uhose death oc
curred Thursday. iiurlal ld lie miido
Saturday afternoon.
P. C. Anderson of Hpencer. H. H. Hobsrt
of Memphis. Neb ; J. H. Gaakell of Ne
braska City. D. Burrage of Crete, J. E.
It. min, K. M Gale of Iwnvir; Mr. and
Mrs A. E. Hild brand of Hooper. Mrs. C.
ii. Hmler of l!ra:rlce and O. A. Torgar
on of Sidney aio at the Paxton.
C. C. George left hiiii.rday for t. Paul,
nhere he will study real estate conditions.
Mr. George bos been making It a practice
of late to make week-end excursions to
the leading cities of the west lo see what
Information be might pick un of benefit.
POSTMASTERS AND CARRIERS
Naiuea of Those to Hold Office la
several lovra, .Nebraska and
South Dakota ionui.
(From a Staff Correspondent.)
WASHINGTON, Nov. 20 (Special Tile
giam.) Rural carriers appointed: Ne
braska Cedar Rupids, route 3. C. L. Judd.
carrier; no substitute, iowa Albla, route
6, Jacob I. Conger, carrier; no substitute.
Corning, route 4, William T. stokes, carrier;
John M. Stokes, substitute. Lemars, route
3, George O. Hammett. carrier; Harry Old
royd, substitute. Newell, route 1. Loys E.
Couch, carrier; no substitute. St. Charles,
route . Matthew W. Brown, carrier;
Joseph M. Browne, substitute. South Da
kota Ashtun, loute 1, Ellis iiallesore. car
rier; no substitute.
J. H. Deeihlefa haa been appointed post
master at Klckelts, Crawford county, Iowa,
vice H. A. Tlmm, resigned.
The postmaster at Davenport, la., has
bet n allowed one additional letter carrier
from December 1.
PROTEST 0VcR OIL RATE
National Reftalntc tontpany of Cleve
land Objects on harae to
Omaha fruiu Month.
(From a Ptaff Correspondent. )
WASHINGTON, Nov. 20-( Special Tele
gram.) The National Refining company of
Cleveland today filed complaint against the
Missouri Pacific Railway company protest
ing against the charge of 22 cents per 100
exacted by the defendant railroad for trans
portation of petroleum and Its products
from Coffey villa, Kan., to Omaha.
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Ambitio
ns for Your
Claildreini?
To a little child just learning to
play the piano music may easily
mean only a dulh tiresome round
of etudes and finger exercise.
The modern way is to get the
child really interested in the sub
ject matter of music hy bringing
a musical atmosphere directly in-
to the home. Then practice ceas
es to be a thing to be dreaded or
evaded.
In no way can this be so suc
cessfully accomplished as through
the PIANOLA. This wonder
ful instrument is the music
teacher s most effective ally and
friend.
Pianola
Pm
no
For handrplaying the Pianola-Piano is a per
fect instrument, with responsive touch and
splendid tone. But unlike the old style pianos,
it is not limited to hand-playing alope.
With the aid of the PIANOLA rolls, any
one can play the most difficult music not
merely with correct technique, but with ar
tistic feeling and expression.
But One Pianola
The preference of the musical world, of the educational world and of
the great majority of the music-loving public have given the Pianola a
standing not shared, even in slight degree by any other Piano-Player.
It is most important, therefore, that you understand that there is but one Pianola, made only by the Aeolian com
pany, and that no other Piano-Player approaches the Pianola's efficiency, or has a right to trade upon its name and
reputation.
V7V Ivif-kf 4 With its exclusive improvements the Metrost-yle
iLafXClUSlVe fimprOVeiiieniS , and the Themodist, just enough guidance and
aid are given by the Pianola and Pianola Piano to insure artistic playing, no matter who may play. The call the Pian
ola Piano makes for individual effort (the latitude it allows its performer's feelings and the intimate relation that
exists between its performer and itself), is the secret of the appeal the Pianola Piano makes to the artistic element in
every one.
fnrl Wtrl nnl FJafiOtts 12 Arrun&cments my le made for personal individual demonstra
arivll V ldlXC! IlXcII lCAl tions of the Pianola at our salesrooms at any day and at any hour.
Simply call, or phone in advance if possible, and the time that you request will be reserved solely for you.
Displayed at our salesrooms are to be seen at this time four entire carloads of WEBER PIANOLAS, STUYVE
SANT PIANOLAS, WHEELOCK PIANOLAS, STECK PIANOLAS, representing the entire Pianola line, for which
we are the only authorized representatives in the state of Nebraska.
If you cannot call because of residing outside of the city, fill out and mail to us now coupon attached and complete
Pianola catalogues, together with all information and prices will be immediately dispatched to you. Full allowance
given for your Piano if exchanged in on a Pianola.
PIANOLAS SOLD ON PAYMENTS
Schmoller . Mueller
PiLio Company
1311-1313 Earnam St. Phones Doug. 1625; Ind. A-1625. Established 1859.
Branch Stores: Sioux City, Atlantic, Council Bluffs, South Omaha, Lincoln.
Wholesale Agences in 100 Nebraska, Iowa and South Dakota Towns.
Capital and Surplus,- $500,000.00.
FILL OUT COUPON and Mail to Us Today
I
chmoller k Mueller Piano Co.,
Omaha, sTsb.
Gentlemen:
I am Interested In tha Pianola and would like to
know mora about It. You may send catalogues, quote
prices and furnish all Information, with the understand
ing that I am not obligating myself to purchme. I havo
the following named piano or organ which I nilRht
trade In
Name
Address V
H
Here's One Mike
Mabray Missed
James Falco of Eeno Appears to
Let Go of His Money
Beadily.
All the "Mikes" are noi over In Coun
cil Duffs attending the dliUricl court con
vention, for James Falco, formerly of Menu,
N'ev., Is also a victim of the unscrupulous
Falco himself did not try to swindle any
body, but seems to have been easily
wlndled. He was In district court Satur
day when two colored girls. Lurdella
Koblnson and Orace lorxee, were ar
raigned. Together they got, Falco charges,
U.vjO of bis money. Falco waa carrylug
a $1,000 bill and ten (100 notes.
He had deposited U .000 m In an
Omaha bank and was JuKt ca rylng the
12.000 as loose, change. Loose It got.
JuHt before coming to Omaha Falco Is
taid to have lost 13,000 In a crooked real
estate deal in Keno. Then he acquired a
prejudice against tha mljitng town and
sought Omaha. N
If you have auyiiiir.g to mil or trade
and want quick action, advertise It In The
Bee Want Ad columns.
Trass Itefrsts Oklahoma.
Al'KTI.V. Tex., Nov. 20 Texas defeated
Oklahoma at foot ball this afternoon by a
tcoie of SO to 0. Texas, after the first three
nilnuu-s of play, had the name their own
way. and immediately followed the first
toiwhdown ylth another in four minut n.
TMh ended the scoring in the first ha;f
Oklahoma brand up. hut the Texas line
proved Impn Kimble. Tutu snored three
touchdowns In (he srctid halt and at no
ktage of the game was their goal in daugt-r
BRIEF CITY NEWS
Have Boot rrUV It.
B. T. Bwosoda Certified Accountant
Knehart, Photographer, nth at Farnam.
Lighting PUtures, Burgess Qranden Co.
Hey a, photo, removed to Ktlt & Howard.
t. A. Gentleman Co, Undertakers. New
location 1614 Chicago Kt. Uoth phones.
Equitable X.lf aPol Icle sight drafts at
maturity. H. D. Keely. manager. Omaha.
Coal Kill Coal Company . Large Nut,
to per tun. fJood cooking coal. Tel. Ij. jy
Tour weekly or monthly savings paid
on shares of Nebraska (Savin anil Loan
association will earn 8 per cent per annum,
lub lioard of Trade building.
Lindsay Puts Out a rive Jnmes C.
Llndaay, residing near'hii ty-fourth and
ifinkn.v streets, was awakened Friday
night by someone calling his name seve.al
times. Upon arls'ng, he found a colored
man waa summoning him to atslst In put
ting out a fire In the Kalz-Cr.ili b:in ai
Thirty-fourth and I'inkney Greets. The
two secured buckets or water ut.d soon had
the flimta extinguish..
Duck Hauler Krosrn to Deoth.
COLFAX, la., Nov. 20 (Special. )-Sum
Keckhain, a coal miner. Si years old, was
found dead on the Newton A Northwestern
rallroud. one and a half miles north of this
place, at 7 o'clock this morning. He went
out duck shooting the afternoon prelou
and It Is supposed got so chilled from the
bleak winds nd wet that he was over
come. His rubber hoots were half full of
water and frozen to his feet when found
There '.' nothing to Indicate foul play.
His gun was lying by his side. A coroner's
inquest was held this afternoun.