TTTR BEE: OMAIIA. THURSDAY. DECEMBER 2.3. 1915. i i i ! i 1 1 i ! ! i if ; ! CAPTAIN Y01IPAPEH LEAYESJFOR H0I1E Recalled German Attache Denies that He Violated Any Rnlei ef ' Diplomatic Etiquette. ! GLAD TO GET WTO BATTLE I PASTOR WHO PERFORMED WILSON WEDDING CEREMONY At the . right Is Rev. Dr. Herbert Scott Smith, At the left is one of the wedding: gifts received by Mrs. Wilson a replica statue of the great Pocahontas monument erected on an island in the James river by the National Pocahontas Society. NEW TORK. Dec. Captain Frani Von Papen, Germany V re-; !lrd milium attarhe,,, left New I ork for Rotterdam today on tbe( rltauablp Niordatn, bearing a aaf i mtdurt to; Oerir.sny from the en-. trnfa alliea.. Departine;, ' he Issued ti n final tet.fbnt to the American V-efjnle: "1m !oiln thi rojn'rv. whr 1 liare r'tvi1 ninir pr.. ef kindness r.1 hr,;'.iify fr6.iv AMtrlran and other. I i-jt. II ray, nuty to then nil tnos rnu- i 4 nofprrrplt tb'r Hnty per fo 1 fei!ir4 te b poton4 ly the I at, !' craven hy the rr amins the r'M. Mr thoueh'.y twrn back today etpreeely t trxs un(urttbM days when I ha4 the' Nnof en4 fotwl fortune to Pn -rne ttrhe with" the xp4ttlonry force! rt Ve; 11 i where t Iame4 to admlr the trleortwl soldierly q jlit' anl !ev. t!cn 1 duty rf th l.'nitel rtate army. "Personally aprakln:. no greater eetla faftion oouil be yn 10 me than the fulfillment et my arlenl d" re t be i-alle, hbma aher solders tie far more intently needed then here. ttlrr Wth Vladlest IIIm. I leave my PM without any feeling of blurri-ir, ri:e I knew too w!l that h hie.or;.- In ewe r:tte.i it will nut! h our i'Hn record dpl5 a; I the 1 lftrfirrente'.loiil rind c alumni spread i-i-eadceert t'prer.t. "fhe Neer or v. o-lrt hl(h certainly not or-n to tho sus, l ?irn of harncr I It fr'endlj' fee. Ins for 111; Mtintr', slated v r.- fairly, hrt itie.tisa'nj my 1 .!, 'in 1t.1t the metier sett'ed the era It he mpho:Bd that the rfiat eiitr'nte.it maile 119 enarre ! canat C'aptnlA Von Tapeh ant Ceplal.i voi?.l, . .(l.n r(. riel .a aiUtiat .e rve .en tneu- ii 11 r (.f.lreia. Ltr'.aln iiitt(r bnve mte tejkiHf rharnea h!rh r.u 4 r.it tr. eupport d by ei Ltcf, titt tha .t.ntr4 ttaiea tovemmant. B'.v'er' tit. ;,i.ril thai U b"..t.ea theie thuiccfi t V tr.e." I fo liMtrta ltn the unttiekahle eon. viol on tint vi 1 fffjna. h-mever lnatate:tt lhy iiifcv te. will uccompltah the fervent i.tue f o.. cret.iy to emuroil otir eoun- j ry t. hh thl irrent nitlcn. 'Our neutral (OIL rttiimonB win, fiiui mum, 01 ini cnirry, t mmmmm lnIUUv' ai t (iraduelly Improve ae It j . . ntrnmea e ear. to avery Intelllfrnt and I 8T- WjUla, THH). 27. An opinion 1nar-r..!.Kil Ameiiran that Clonnany !a ' regarding the leaalng of land waa banded down in the United Btatea circuit court of appeala here today. The opinion legalltes the granting of 1 1, rr s M . J! (. .A SCOTT JtAKCfl STtlTM. JvCAMOVTlS STATVC DOUBLE LEASE OF LAND IS LEGALIZED Federal Court Rules Surface and Lower Strata Can Se Sepa rately Rented. CASE FROM OKLAHOMA enffrl In a fully Justifiable and herolo fltiht for exigence and the very life of the iiatkra ';, " ' U4 te et Ia Aetloa. Althrusn Cantaln Vert Papon declined to ancwer any of the queetlone ef re poitera after he handed out hla etate nient, In aaylnt foodhye to a German friend, he cald: "I tin jtlad of the opportunity to to to the' tfcnrfte fof ny country. "I with t- auaiire all that t feel moat rretrfu tp the ar?t number of German Americana In thla country for their tup. port anil tympalhy. "1 be ',rr charged with le:i of thinga, tmt When thla war la ovar you will tee tiiit everything will come out all right., t am aura I have been here for my country ttod f have tried to aerve It, but I hava not done anything agalnet diplomatic eourtety, end t leava here fecellng iratrful that I en at laat be among the real e-iore In the trenchea." The captain ehatted with friend whila hla ba trade wad being examined. The examination fit all baggng going aboard ahip.wa put In force fer the flrat time today by the Holland-American line. Officiate ef the tine deollned to glva any apeoifld reasotrt for It. Wrt A boat latotle Vaakera. Captain Von Fapen waa appointed mili tary attache ot the Oerrfiatt embaavy In December, )r i'ub'.lc attention waa directed te r.Un In tp.c.r.li I it when a tetter Ar,;ca-ne wr,te to lili wife waa; found' among i'rt ta,ere lr1 by thjl Eritleh g. vennten. from J.nnea K. J. AreHibeM v h:le h .ea ca rylug tlient to K: rne In 'hia V n . npeu al- I'.dcd t 't ifdi' T t TBr(ta'a, which aatrv. C '.III' Tititketa " He aid tl ' 1 atpll A ' Now Tork napaft-., ! tl'i l.t .tncie paper h a ac'h'rlr .Bit j-n irlticuaxd. j;ii rcr "d ' Ciptaln Boy.Ed. 1h Gerffliin iiv.-! it'lc'.'., waa retiueated b.' eetreisiy I.-tiiitf Jcombr J. It Is iibned thel t'aplalit Boy-Rd will lave hr for Rotterdam December M on the et RallrJaia. two different leasee on the aame piece of land, one for the eurfaco and the other for lower strata. The opinion upheld the aolaure by the I Midland Oil and Drilling company of half an aere of land from the leasehold of O. Kammeret, a farmer o( Nowata county, Oklahoma, to enable the oil 00m peny to develop lta leasehold In the oil and natural gas deposlta beneath the land. ... -' ' . rnaiar dels tm. On June t 1113, John H. WoodWard, a Cherokee Indian laaeed forty acre of land which he owned to Kantmerer for agricultural purpoaea for' five yeara at tO a year. Later he leaaed the oil and gaa rights in the land to the Midland onmpany. The oil company Invadotl Kammcrer'e farm, eelaed half an acre of land en which to hiatal! a drill and be. gan operations. . ' . Kammerer obtained an Injunction aailnat the oil company, but thla waa dlaaolvad by the Vn'.tod BUtea district court for the eastern division of Okla homa. Todays decUion affirmed th order dissolving the Injunction. The opinion waa written by Judge Smith and wca concurred In by Judge Adams. Prfr.Mlne; Judg Sanborn dissented from tteir view. Jadea Dlelda. Jude Cmlth and Art ma hold that the owner of the land has complete domlna. tUa over every part of It, from the aky above to the center of the earth beneath it. He ha nut only the right to dlspoae I " V I t vertical aectlona, but also In I horlsontal aectlona. Therefor. It la said. j If th owner, after leaalng th top atrata 1 of hla mound for agricultural purpoaea, discover that In the underlying atrata are aeponis valuable to himself, he I at liberty to dlapoae of that tret. Ir repectlvo of th othr Irsaet-. LAST OF YILLISTA ARMY WIPED OUT; NOJjUARTER GIVEN (Continued from Tag Ono.J Lloyd Binghan of Ford. Peace Party . Die3 of Pneumonia CHP.ITIaS . No way, !. ar.-via UnCen.WUeyd T. crhaui, a iii.'nler cf the Ford perJaiiy. d'ed today of pneu monia, lie as the ubnd of Amelia Bmitliam tiio American atrc?. NEW YORK. Dec. ti -Uuyd Melville Elnjliam. who died at Chriat anla tlday, a led r.s mtr of ceremonle at t i re I In of th ford patty from New York-. Mr. lilrgam Ittrodjied Mr., ford and oihr m ir.ber ef the larty to tli crowd on the per. made various ImpromptJ seethc and led the cheering sad sing ing. For a a umber of years he had acted as manager far 11. wife, Am:t Clnghauu who t now in Auailn, Teg. It waa it years old. Women Lawyers Will Defend Girls CHICAGO. Deo. J.'.-Thlrty women law- yrra or Chicago have formed Vie Public Def'ndera' League for Girla. It waa an nounced today, for the purpoa-j of pre venting any girl from being sent to Jail or prison for a flrat offense. Members cf th league will aak Chief Juatlc OUon of the municipal court to creat a special Sir'.' court, and appoint a woman a judge. The women attorneya hava agreed to give en day a month to the prop-ad apeolal court defending young women offenders free. military orvanlaatlon In th surrendered Villa territory and Ochoa In command of former Villa troopa. Villa aerma Swallowed Vp. The myetnry surrounding General Villa' wheroabouta baffled military authorities. State department representatives and lo cal police. I -a at night Villa waa expected to reach Juarea at dawn, according to report to the American oonaulat at Juarea. Por several daya th report has been eurrent that Villa was at th Uuatllloa ranch west of Chihuahua City. For four days commercial wires south of Juarea have carried no message from the deponed northern chieftains. The departure front Juarea of American Consul Edwards eo-lncldent with th flrat new of Villa's retirement caused ayoculay tlon whether he had received Instruction to receive Villa at a point agreed upon east of hern, possibly Sierra Blanca. Ed ward said he Intended taking a brief met, but It was pointed out that ha would hardly av for ' such a reason whan Mexican affalrVmlght develop peril to Mrs. Edwards at Juarex. Mrs. Edwards scouted the published reaaon for hi absence and declared he left on bualnee. th nature of which and his destination he would net dlscuee. , Jaarea 'I treaf, , Th reported arrival of Trevlno at Chi huahua and Ocl.oa ratifications ef the surrender places Villa If Still In Chihua hua stat between hostile force. Should ha aeek to reach the Vnlted State he la likely to come to the border, east or xret of Juarea as that city Is unaafe because th surrender specifically excluded Villa and his brother, Hlpollto. Normal conditions prevailed today In Juarea. The embargo in effect early In th day against the travel of Americana across the Rio Grande was rescinded and subsequently American border patrols re turned to camp. However, som appre hension waa apparent among business men In Juarex which was notloeably re lieved upon receipt of Information that General Alvaro Obregon had left Nogales and was expected to reach Juarea tonight. Waaklnatsa Optimistic. WASHINGTON. Dec. .-Optlmlam waa expressed in official circle tonight re garding th Mexican altuatlon. Th surrender of General Ochoa, com manding th Villa garrtaon at Juarea, and hla acceptance of a commission un der th de facto government wa one of the chief reaaens for the hopeful feeling among official, who expressed th belief that Ochoa' capltulu'i'.on put an end to Franctaco Villa as an actual menace. i villa might remain at large, they aald, and continue troublesome, but without an army It waa believed he could do little to disturb border peace. N Interest was manifested la Villa's uttlmat destination. Brown University Team Starts West Pardon for Thomas Stripling Delayed ATLANTA. Ua.. tr.. .-Thona Edgar CHrtpltr.g. wh was sentenced to life Im prisonment ki jsti?, escaped from Jail and during his fourien year bt freedom be came Chief of ik,1U of tanvHl. Vs., probably will not recelv hla expected I'hrtstmas pardon from Governor Harris. PROVIDENCE. R. I., pee. tt.-TI c Etrewn university foot ball squad of twenty-one player started (or the la clrto coast today to open th 11 foot sail season with game agalnet th Waahlngton Hlate college at Pasadena, Cel., oa New Year a day. Th players expected to reach Pasadena next Moa day and will dsvote four daya to practice. Slops will be made at Chicago and Al buquerque, en th way west. Feat leatb at baaadab. til EN AN DO AH, la.. Dee. .-poclal.l The t-a:r-,f ay of Mr. Enaley Par rlsh, Mr. Maj-tia Fender and A lie Ros ette riarlirif, th lliil daughter ef Mr. nd Mr Fred Harllng. a 44 tbre saor to th aumbar that baa eocurred la Sben aoah recently. Pneumotita wa th cau of th dtata ef lb Hul I ) ear-old IH. Mr. Farrtab, whq was a young niuiher ef It) year, di.-d sahmi after her Infant d&unhtrr did. Mr. Fonder waa a pioneer t:nl si d waa th another of lira. Kmrl r ..Jmn. Mra Qiaoa beach. Mama and Mvrri tttxrr. KRUPP WORKS IN TURKEY WRECKED BY AIR BOMBS COPENHAGEN, Deo. 8.-cVla London) The National Tldendos phnts a state ment of a Dan from Conatantlnopl that th Krupp works cutarc of Constanti nople hav been destroyed by bomb dropped by British airmen. The 8tor of the Tow a A Giveable Gift A SWEATER $3.50 TO $8.50 Drowning, King&Co. That Christmassy Appearance Of Your Gifts Can always be secured if you choose the proper wrappings We have those SEALS TAG3 WRAPPINGS Omaha Stationery Co. ZOO Earth 17th Ct. Phone Douglas C01 BRITONS ABANDON SICK ANDWODNDED Berlin Report Sayi So-Called Or derly Retreat Wa Head-Over-Heeli Flight. PANIC REIGNS AT SALONIKI not yet been completed. Among th booty near Art Burnu were two heavy aims, on Schneider field gun. a great uantlty of ammunition, especially cartridges, rlDea. a great number of moles, ammu nition carts and tent filled with provi sions and telephone material." The "booty abandoned by the enemy-' referred to in the above statement la the war material which th Turks claim th British force left behind In their with drawal from th northern coast of the Gallipoll prnlnaula. BERLIN. Doc. 22. (By Wlreleps f Bayvllle. ) Advices received here from Constantinople reiterate the aa ntrtion bt tho British force, which quit the Dardanelles retired in great disorder. "According to fonstc n tlnople re ports," according to the Oteraoa.1 News agency, "the British left their a'ck r.nd wounded behind. The re treat, which they pretend wae carried cut systematically, In reality was a head-over-heei. flight." Panic Helens at alontkt. The Overaiaa New Aaency says: "Private report from SalonlVI Indicate that a state of panic reigns there. The Greeks are hostile to the English, who behave arrogantly. The French and Brit ish are on bad terms. "Nearly fifty members of the Serhlnn Parliament are living In a hotel there. They hav formed a provisional Parlia ment and play card during the night while Serbian refugees are starving In the street. Th peonle of Paloniki are anxiously awaiting liberation by the cen tral powers." Tarks Wla In Caitraian, CONSTANTINOPLE, re". 11 - (Via Lon don.) The Turkish war offlc has given out tho following statement: "There was local fighting on the Iruk front (In Mesopotamia) at Kut-KI-Amar. "A hos'll attack against the tenth ecc tor cn the Caucaaua front wna repulsed. "On the Dardanelles front hostile ship violently bombarded until late in the evening different camp In order to de stroy the booty abandoned by the enemy. The bombardment failed to achiev its purpose. Hostile attacks at Seddul Bahr repeatedly were repulsed." "The counting of the war material and military equipment left behind by the enemy at Art Burnu and Anafarta ha ADVANCE IN RATES BEFORE OFFICIALS OF FIVE STATES (Continued from Pn?e Oti.) tomeya who are fearful that an appeal would be thrown out of court take the position that If the decision had been agalnet the railroads there would be no question about their right to appeal. On the other hand, they maintain that each state being a part of the Vnlted States and the Interatat Commerce commission a creature of the Vnlted States govern ment, a tate or It officers would not have the legal authority to step In and attempt to overthrow a decision by this commission. The contention la thst the authority ot th Interstate Commerce communion exceeds thet of any state railway commission, and that therefore there could not be an appeal. commical'iiiers and their attorneys are not a unit on whether an appeal will Ho, and before they do anything thoy will go Into all the lepnl phases of this ques on. What Mir De Dear. tf It Is decided that sn appeal he taken he cne will go direct to the Vnlted Italea supreme court. At the time of alerting proceedings an Injunction will be applied for restraining the railroads from putting Into effect the new tariffs Increasing the passenger rates. Somo of the attorneya for the commis sion are positive that an appeal can b taken, while others are Just as positive that one would not be considered by th supreme court. In support of their contention the at- Bandits Executed " in City of Mexico Galveston, tc.. dc. m.-bix mem ber ot th bandit gang recently cap tured in Mexico City were publicly ex ecuted today, according to a mege received by Juan T. Burns. Mexican con sul here. Four others condemned to death were given a respite at the last moment. Fire women arrested with the gang have been given long prlaon terms, the message says. Th bandit had been able to avoid capture for some time by mean of forged document, which made the pollc bellav they were army offi cers, y Today's message saya that an official announcement regarding the govern ment's policy toward th redemption of outstanding note bybanks Wtll be pub lished shortly. ra The Htore of the Town A Suggestion PULLMAN SLIPPERS $1.50 and $2.50 Drowning, King&Co. Our Last Suggestion efore Christmas We have the finest line of Seal and Walrus "Fitted" Traveling Hags and 8u it raxes in Omaha. They would make a present so dif ferent and so acceptable. These bags and suitcases contain a fall set of beautiful toilet and manicure articles. Any woman would be proud to own one of them. Special Price Reductions "FITTED" BAGS Old Price New Price ' $30.00 24.00 137.60 830.00 M0.00 832.00 tBO.OO 840.00 180.00.... 848.00 $5.00 852.00 "FITTED" Old Price SUITCASES New Price) $33.00 826.40 $?5.oo 830.00 $42.00. . $tc. 00. , H7.E0. , $50.00. , 833.00 836.00 838.00 840.00 FRELING & STEINLE "Omaha'$ Beit Baggage Baildert" 1803 FARNAM ST. Cigars th?L 4 Sherman & McConnell Stores Candies Ki 4 Sherman & McDonnell Storet Thermos Bottles 8Up 4 Sherman & McCcr.nell Stores Fine Box Paper coo 4 Sherman & McDonnell Stores Razors Safety and old style 4 Sherman & McConnell Storet Perfumes ffi 4 Sherman & McConnell Stores lair Brushes 4 Sherman & McConnell Stores Hand f.lirrors 4 Sherman & McConnell Stores Fine Toilet Soaps 4 Sherman & McConnell Stores Bargains in practically new articles in "For Sale" column; read it. 1 ouve shopped, inspected, thought over matters, called for the opinions of others and . now at the very last moment You've Made Up Your Mind To Bay- a Victor Vietrola awn't You? VVV,:Vfr V lvar W.-i. r&JSP& kVSJ. 1 TV SWT M . SXnZjf lH liLJ-i V aTi 1 Si M F .V A . M rtnisf V- F aa aW V.f M esaseax -- Any " Vietrola" shown tipon our floors mar be purchased for cash or on easy time payment. If you wish, we will ship any "Vietrola" to any . point on absolute FKEH TKlAli, we paying carrying charges.. Shipments made to that the " Vietrola", will reach yon on Christmas day. Now that you hav decided to si ad den the hearts of all tha members of your household with a Vietrola oa Christmas day, you are easing your self: 'What sice Vietrola would prove proper In my homer' And U you leave the matter to our sincere Judf ment we will advise yon te buy a larfe, massive appearing; Vfe Iroli n Selliiafi at $100 We say this because go many people are buying "Vietrola XJ'e" at $100 It's a larte stse, in the ever familiar "Vietrola" shape, possesses every feature of the very highest priced Vict ro las, and will please and entertain you for a lifetime. Therf s a Vietrola atSS, $25, $40. $50, $7 5, $100. $150, $200, $250, $350 and we have the whole family right upon our floors 150 instruments. -MICKEL'S- ffetorasfea Cycle C Corner FI! tecnlh and Harney Streets Omaha Also at 334 Broadway, Council Bluffs, 7V r 1