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.
