Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 14, 1909)
THE HEK: OMAHA, TUESDAY, lJKUKMMKUMjim i..i.ii,iiM vri' NEBRASKA YESTERDAY, NOW ones!: aeyi State Offers New and Better Oppor tunities for Home Builders. Al Mae 24th and L Sts., South Omaha Sells Furniture 20 Below maha. Prices 1 I US' JOT d A Large Lino of Useful Holiday Presents SPRING STYLES IN RUGS FOR 1910 NOW IN. COMPLETE LINE OF LOWELL WILTONS IN ALL SIZES, 9x11 Brussels Rug $8.75 9x12 Velvet Rug $14.50 9x12 Axminster Rug. .. $17.50 N $21.00 PRINCESS DRESSER, like cut, solid Cf oak polish iJI&bOU 10-Ply Solid FELT 7 C) MATTRESS O i $8.00 SANITARY Q SPRINGS at.... WWi I "J HIGH GRADE STEEL RAHGE $22.50 S2450 Stoves Sold on Payments. W. P. SNYDER POINTS THEM OUT gays Man Coming- Mod Intends Star and wllk Coadltloaa Bat ter Thaa Twenty Years Af lta' Bright Fa to re. Four-Hole for FINELY FINISHED FULL SIZED BRASS $!0 Kffl BED, 2 in. posts. T"-" m 'm ii Mm i a, v) y ,j .... iia-i mi. TMiiiriiiii ii. . mm .Miniininnrms CASTLE SUIT BEING ARGUED Soon for Court to Say as Between Joslyn and Sutphen. ESTABE00K URGES SHELLY RULE Believed It Applied at the Time of Deal and Applies Today He Re sents Questions by Bd- son Klch, '. iW m . . Argument In the Joslyn castle case began this t afternoon. Testlmnoy In the suit ended at noon, when the defendants' cross-' cxamlnatinn concluded. He had been pre coded by Henry D. Estabrook. "As beurlng . on the question of (food faith. I want to say," volunteered the former Omaha lawyer while on the stand, ' that I have no doubt now as I had none then, of the- wisdom, expediency and legiti macy of the rule In Shelly' case. I'd like to tell the court something about that. ' "That has been gone through." suggested W. O. Gilbert, referring to the argument lant summer on defendant's demurrer, when Judge Troup ruled that the Shelly principle does not apply In this case. Mr. Estabrook was referring to the law pull of 1S93, when he says, he told Sutphen that the rule did apply and that Sutphen accordingly could sell the property left by -its mother. Mr. Estabrook testified that Sutphen paid him his fee for this law suit and that Joslyn refused to pay him any thing, saying he would "spend not a cent more until he got title." Mr. Joslyn declared he never heard a doubt raised that Sutphen could give title until several dayB after Sutphen had signed the contract prepared by D. V. Sholes and Sutphen had been paid the $1,000 which con stituted tho first payment. Mr. Joslyn's testimony was substantially the same as that given by Sholes Saturday. One Interesting question asked in cross fxamlnatlon of Mr. Kstabrook was put thus by Edson Rich: ; "Did you prepare the decree which Judge Ferguson signed?" "I did," said the witness. "Did you prepare the degree before the Judge made the order?" "Nobody but a lunatic would do that," retorted Estabrook, with feeling. Mr. Estabrook will be In the city until Thursday. REDICK DELAYS BOARD CASE HAY AT SIXTEEN DOLLARS That's All Yon Have to Pa for a Ton of the Horse Feed Jnst Now. Hay cost $16 a ton In Omaha Monday. There t not a scarcity of hay In the country, but the roads, are so thickly cov ered with snow that the farmers cannot get it to the railroad stations. Vhen the sncw melts the roads probably will' be ac muddy the farmers can't come In an ' the price seems destined to stay up a while Court Grants Burnam's Request for Another Day. SORRY CASE IS BEFORE. HIM 1L4 TTT, jraioma It is worth the price of admission to the Corn Show to htar the Mexican National Band Play this famous piece. Only a native band can get the tones which "Tho Song of the Dove" requires.. It is now more popular than any air given Omaha by an opera com pany or band in many years. Uncle Sam's I ;- , . " 1 Moving Pictures , Striking new films, taken by the government for the Corn Show not the common kind. Every hour. Only five more days to see the National Corn Exposition Judge Mentions Fact He Owns Hen haw Hotel Bolldlng Will Void or Make Permanent.. Raw. . .i . . straining Order. !. At request of City Attorney Burnami, the hearing before Judge Re dick In district court of the Injunction pleas against tho Board of Fire and Police Commlsslonm-a went over until this morning. ' The court will then decide whether tho re' straining orders granted in the cases ot Homo Miller and C. M. Lents shall ' be voided or become teirporary injunctions. Judge Redlck intimated pretty strongly trat his view of the law isxthat the dls trlct court shall not interfere with the Board of Firs and Police Commissioners lr the matter of revoking licenses. "I have grave doubts," said he, "whether the court ought to IssUe an order in such cases as these, assuming that it may legally issue such an order. The quea lion of Jurisdiction of the police court in cases of violation of the 8 o'clock law was pretty thoroughly threshed out befor Jidgo Crawford, and It is on the question or Jurisdiction that the right to Issue a restraining order will, it seems to me, de pend. une tning seems sure to me: If the po lice court cannot act when the 8 o'clock law is violated, then the district court will be more than overburdened with litigation and it is so now burdened that one lawye has gone completely crazy and has rushed into print with an exposition of his wild views. . . Judge Redlck refeired to F. A. Shotwell, whoso communication was printed in Th Bee Sunday. Shotwell was In the court room when Judge Redlck 'spoke. The O'Brien and Rentfrow cases are on Judge Troup's docket and will not be heard until next Monday. Their fate will be set tied anyhow by Judge Redlck's ruling, Judge Redlck also referred to the fact that he himself is the landlord of the Hen shaw hotel property. I should have preferred not to have heard these case for this reason," said he, "although th O'Brien petition Is not on my docket. But it goes without saying that I shall rule on the law Involved with out respect to this and what happens, to the tenant will make no difference to me. But because of the connection I would prefer not to hear these cases." City Attorney Burnam arose at once and suid: "It makes no ditference whatever to the city. This side is glad to have your honor rule upon these cases, which are before you." 1 . Bun a. Baker, attorney for Rome Miller, spoke similarly. V Rewards Needed for Christmas Money for Locating1 Robbers Most Anxiously Desired by Par ents of Boys. Some of the parents of the boys were in strumental in uncovering the loot of the Overland Limited mall robbers at the Brown Park school house are getting an xious for their portion of the reward of ferred for the apprehension and conviction of the robbers. They need the money for Christmas shopping. The probabilities are that, the rewards will not be distributed until after the suits now pending in the federal courts for the distribution of the rewards are disposed of, 'which will not be until the May term. In the meanwhile, the applicants for the reward will have to content themselves with expectancy. "Families are coming into western Ne braska, almost as rapidly as they came from im to 1890,'" said W. P. Snyder, su perintendent of the experimental station t North Platte, in speaking at the corn xposltlun. Mr. Snyder compared the con ditions as they formerly existed and as they are today. 'Are the people now coming In to remain nd build permanent homes, and to develop the country, or are they to be driven out as were the early settlers? A com parison of the conditions then and now may assist In answering this question. "The rainfall Is regarded by climatolo gies and by many farmers, 'as fixed for all times, varying from time to time hove or below the normal, but keeping the average of a long series of years near the normal. The soil Is the same as it waa twenty years ago rich In plant food, easily tilled, and capable of storing a large quan tlty of water. The climatic conditions have remained the same, but all other conditions have changed. Old Hanehntan. When the people camu In during the eighties, there were only a few old resi dents In the country. These were ranch' men living along the streams and depend' ing on free range and live stock for a living. They were not farming any. They did not want the prairie broken up. The settlement of the country meant the end of their ranching days. Every phase of the settlement seemed to them to be against their Interests. Ntturally, they did not be Meve this to be a farming country, anil bent all their energy toward discouraging the homesteader. We do not blame the ranchman. - He believed that farmlnic would bring failure not only to himself, but to the newcomer. Nor did his success tend to encourage the man who came into the country to grow crops. The ranch man owned the only signs of success that the country had to offer. His success waa due to raising stock and against tilling the soli. Nothing in the history of the courser lent encouragement to the man behind the plow. But all this has changed. Plow Drives Ont Herds. "The large hertlfe have been driven out y me piow, tne aisc ana me narrow, Where there was once a ranch that sup ported one family, now there are several families supported by a uomblnatlon of stock and crops. Where there was one home, now there are several. The fact that these have ' replaced the old ranch Indicates to the new arrival that the coun try will support h4mes founded on proper methods of farming; that where one steer was grown without tilling the soil, several can be grown by growing crops on part of the land; that "people ' are succeeding on limited areas ot-lurid; that the country Is all right when It is settled by 'drouth-ro slHtant' people and, farmers who have some capital and can last through a drouth- farmers who will not become discouraged- farmers who know., how. and are not afraid to farm right.. . . Markets and. Prices. 'The distance to market and the prices received for produce' and the manner of .marketing have changed to favor the pres ent day farmer. When I came to western Nebraska the Tarrhers n our locality were hauling corn thirty-five miles and getting H cens per", bushel for it. The price of other crops were low, Now these same farmers haul their, corn to the elevator ten miles . and get from 64 , to 60 cents per bushel, or deliver It to a neighbor who 1 feeding cattle and, ,hogs, or more, often, feed It to their own stock and thereby increase the selling price still more.. ,The number of fat stook, cattle, hogs and sheep shipped from western points has been Increasing rapidly. This has brought the market for grain to the .farmers' granary. Many farmers after growing a good wheat crop were obliged to sell it for 85 cents per bushel. Wheat now, brings from 76 cents td $1 per bushel, .and if fed to hogs, will bring more. A yield-of five to ten bushels of grain was considered a failure when prices were low..- Five bushels v of oorn worth only ?0 cents, might not be worth taking care of, while the same yield when worth $2.50 might- be considered worth while. Many fields of wheat which were not harvested during the days of low prices would now 'be harvested with profit Change In' Dniry Methods. - "The change In dairy methods and mar kets alone afford much encouragement Tho only way to market dairy products In the early day, was to make butter and sell it to the local grocer. There were no facilities for making good butter In th summer tune and there was no milk in the winter. As a reault of this, butter was of a poor quality, and very low In price. Now the farmer has a hand separator and can get cash for his oream at any ship ping point. The farmer who finds that his crops are short can turn to milking cows and make expenses, or he can milk enough cows all the time to pay household ex pannes. Many farmers are going Into dairying rather strongly; some even build ing silos. This will decrease the acreage necessary to support a family. With the presumption that the climats remains ' always ' the same, and no one claims that it will grow more unfavorable than the normal,' a survey of the changos which have taken place during the last twenty years in other matters affecting the farmer, seems to indicate a steady de velopment and . promise well for the fu ture. The attitude of . the old residents Is favorable to farming. Their success Indi cates that .others can succeed. There Is now a knowledge of climatic conditions and a knowledge of how to deal with the unfavorable features of the climate. "There are in the country suitable varie ties of grain and torage plants. There are also a few-trees that have proven their ability to dot the landscape with patches of green. ' 'The country is equipped with fairly suitable machinery and with power to draw ' it The markets are such that even a small crop means a living. There is both money and work In all parts of the country. ' The mm oomlng in, is bring ing with lilin considerable capital. He in tends to stay and with conditions so much more favorable than they were twenty years ago, we believe that the farmers who face conditions fairly and use knowledge within their reach will remain and build up permanent homes." Chamberlain's Cough riemedv not only tops a cough, but remavee the Irritation which cauvs it, FUNERAL OF FRED A. SPRATLEN Services at the Horn and Barlal at Proapect Hill Cem etery. Funeral services for Fred A. Spratlen, who waa found dead at his home Saturday morning accldently asphyxiated, were held Monday morning at the late residence, 701 South Twenty-sixth street Rev. T. i. Mackay conducted the ceremony and burial waa at Prospect HUL Tbe following were the DeJlbearers. W. F. Kellogg, Charlee Wlthnell, C. C. Cnie, H. J. Lund, 11. Rolf, M. J. Leachey. Can afford to give his wife a year9 s subscrip tion to THE DELINEATOR for a Christmas present, because it would cost only four-tenths of a cent a day to do it. AND ALMOST ANY realized that it would make a HARDLY ANY MAN in the JANUARY number shipwrecked with the seal. , story, and it doesn't need you that he knows how to MAN would do it if he four-dollar hit with the lady, can afford to miss that story about the Bishop who got It's Rudyard Kipling's latest our , assurances to convince write a good story. AL1WOST ANY WOMAN will admit, after looking over the fashion section of the January number of THE DELINEATOR, that not only the styles, but the pictures that present them, are quite as fine as those that come across the water. ALMOST ANY GIRL will be tremendously inter--ested in what Marie Rappold has to say in the JANUARY DELINEATOR of the struggles and successes of the musical American girls on the Grand Opera stage. EVERY WOMAN, without exception, will want Mabel Potter Daggett9 s account of the invasion of Newport, the exclusive, by the Woman9 s-Suffrage movement i ..r.i.'i, i a, ;..) ... The progress of the National Temperance movement, the work of Club Women, Child Rescue and Child Culture all are handled in this number in a way to appeal to literally millions of women; and any boy will find in the back pages that Sir Launcelot has provided a stunt in this one magazine that is likely to keep him busy for weeks to come. So there you are Woman, Man, Girl, and Boy THE DEL1NEATO For January and be happy 15 Cents a Copy $1.00 a Year THE BUTTERICK PUBLISHING COMPANY New York. N. Y. When Does This i Fireman lccp? Question Chief Salter is Trying to Have Answered About One of His Men. Chief Salter of the tire department Is try ing to find out when Bob Smith, a night fireman, sleeps. Smith lives at 1806 Vinton street and Is a regular member of the Omaha fir. de partment being at present stationed on the night detail. Ha waa arrested Satur day on Thirty-second street a few days ago charged with driving on the walk. Word waa received at police headquarters that a teamster was driving on the walk and an officer dispatched to the scene. He found Smith, who was driving for a teed concern, occupying a portion of the walk and took falm to the station. In police court Smith told a story of accommodating some people and was dis charged. But the episode is not .ndad. The elty firemen are required to work twelve hours each day. ' Smith Is supposed to be on duty at one of the fire station frcra S p. m. to ( a. m. What Chief Salter wants to know Is If Smith works as a teaiust.r during the day how he can be fit for night fir. duty and when does he get his forty winks. An Investigation will likely be made. PHILIPS COMES UP AT ONCE layer of Marsh Hamilton Probably Will Be Arraigned Tharadar in County Coart. James Philips, self-confessed slayer ot Marshall C. Hamilton at Florence the night of July Z5, who gave himself up to the sheriff's officers late Saturday night will be arraigned In county court Thursday. An Information chaigtng murder In the first degree was lodged against Philips In county court Monday afternoon. Philips continues to defend his shooting of Hamilton, saying h. was Justified, be cause tbe latter had wrecked his 'home. It is expected Philips will waive prelim inary examination and be bound over to district court ' Philips' brother, who gave himself up soon after th. shooting, but who was subsequently discharged, la not want.d by th. county officers, as tb.re Is nothing to show his complicity In the case. Philips' defense will undoubtedly be the "unwrit ten law." A Break for Liberty . from stomach, liver and kidney trouble I made when a S&o box of Dr. King's N.w Life Pill" s boturhu Fur sale by Beaton Drug Cj Barber's Patrons Arc His Patients So Asserts "Professor" Ed Scranton, Who Insists He is a Profes sional Man. ' Ed Scranton, a barber, has been doing some tall studying , recently ' o' . nights. Scranton hns been "bucking up" on skin and hair diseases and he came Into county court armed to the teeth with erudition., He was there as defendant In a suit brought by D. M. Copas for alleged viola tlon of the law against Sunday work. Scranton had taken a hint from Judge Crawford's decision In police court on a similar case, so asserted:. . . "I am a professional man and my cus tomers are my patients. ' When a man sits In my chair I may treat htm for disease ot the scalp, for ecaema or whatever nay be the matter with him," "Are these 'patients' -of yours sufferers sometimes r aoofflngly asked an attorney on the other side with memory arising of painful session at his own barber's when the tonsorlsl person had ft dull raaor 6r was heavy of touch. - The case is being argued before Jadg Leslie this afternoon. ' Clock-FRUNZaUV Uih and Dodge.