Omaha Daily Bee Newspaper, June 17, 1903, Page 3

THE OMAHA DAILY BEE: WEDNESDAY, JU ,MILES WILL CASE UP ACAIN Attorney for Williams Ohildren Files a Motion for a Rebearing. CONVENTION OF COAL DEALERS COMING Temcher in Hayes County Wants Pay for Dental of Privileke of Com- bining Temching an (From a Staff Correspondent.) LINCOLN, June 16.—(Special.)—A brief In support of the motion recently made for a | rehearing of the celebrated Miles will case was filed this morning by John L. Web- ster, attorney for the Wiillams children, | heirs of Stephen B. Miles. Mr. Webster makes much of the fact that | in its decision, which was against the Wil- liams children, the court substantiaily found that Miles did make a will in St. Loufs posterior to the Rulo will under which Joseph H. Miles inherits; that it 8lso0 found as a question of law that there 18 no presumption that the St. Louls will revoked the Rulo will, and to have the St. Louls will operate as a revocation of the other there must be proof that the Bt. Jouls instrument contained a revocatory clause or was Inconsistent with the Rulo will. The court also found that the dec- larations of the testator alone were not sufficlent to show that the St. Louls will revoked the former one, but that there must be more direct proof and clear, equiv- ocal and convineing evidence of the con- tents of the St. Louls wilk. The point is made by the attorney that the court erred in that it applied to this case the rule of evidence which obtains where the procceding is to probate a lost will, when as a matter of fact it is an ac- tion to set aside the probate of the Rulo will upon the ground that it was not the last will of the testator. He insists that when a lost will is to be proved the court #hould know with certainty what the con- tents are, but to set aside the probate on the ground of a subsequent and inconsist- ent Instrument it is only necessary to know by that reasonable degree of certainty or preponderance of evidence that shall sat- 1aty the court that there was a second will which revoked the first, either by Incon- sistency or by an express revocatory clause. He insists the preponderance of evidence was sufficient to show an {nconsistency be- tween the two, Mr. Webster also attacks with vigor the presumption of law that a posterior will is not Inconsistent with and does not re- voke a prior will is a fiction, false in fact and contrary to human experfence, and in cases of lost wills leads to disinheritance and gross wrongs, and ought not to re- celve the sanction of the courts. The very purpose of making a second will s to change the manner of distribution pro- vided for in the first. If this is not so, s the attorney, why make it? Coal Dealers Coming. The Jowa and Nebraska Assoclation of Coal Dealers will meet in Lincoln June 24, 25 and 2. The association numbers 250 deal- ers and a big attendance is expected this time, as some important trade movements are on foot. The local members deny that the purpose of the organization is to maintain the re- tall price of coal. They fnsist that it is to protect the retallers, koep the scalpers out of the market and to promote trade. The officers are: C. H. Chisan, president, Omaha; George B. Rex, vice president, Creston, Ia., and R. E. Harrls, secretary- Arrangements for the affalr are In the hands of a local committes, consisting of John T. Dorgan, J. F. Hutchins, A. F. Burke and D. E. Green. A banquet, thea- ter party and trolley rides form the amuse- ment paft of the program. Anxious to Dodge. The big oall of today's session of the supreme court brought nearly 200 lawyers to the court room this morning. The most of the attorneys Interested showed a mani- fest desire to avold any argument or con- sideration of their cases at the present sitting of the court. An unusual number of cases of {liness were reported, and the health of most lawyers' familles seemed to be in a very precarious state, The truth was, the attorneys were anx- fous to get away on vacations and dodged all they possibly could. More than half of the cases called were postponed until Sep- tember 15, to which time the court will adjourn after the present sitting is ended. Chemical Laboratory. Within a few weeks a chemical labora- tory for the use of the pure food commis- sion will be established at the state house. It will be equipped with apparatus for analytical chemical work and will be fitted up in one of the basement rooms. Heretofore Chemist Nelson has been com- pelled to rely upon the state farm labora- tory, and this involved much waste of time. He was willing to continue this, but the Board of Regents of the university has posted an order forbldding the use of its laboratory, because there are scarcely ac- commodations enough for the. students, Applications for licenses under the new act will shortly begin coming In and the chemist expects to be compelled to work overtime passing upon the surreptitiously obtained samples that will be used to detect adulterations. Reports on Inmat + The semi-annual report of the command- ant of the Soldiers' and Sallors' home at Grand Island, just made to the governor, shows that the cost of maintaining the in- mates of the institution for the last six months was $8.71 per capita, as compared with an average of $89.19 for the half year ending November 30, 1%2. The daily av- erage during the past six months has been M7 inmates; as compared with an average of 330 for the year ending December 1, 1902, During the year ending December 1, 132, there had been an average of 267 men pres- ent, as compared with 261 for the last six months, showing & slight decrease, while the number of women present during the earlier period was ninety-eight a day on the average, as compared with the eighty-six shown by the present report, Combined Millinery and Teaching. A novel set of facts is brought to light in the appeal recently flled in the supreme court by Alice Marquisee against School Ayer’s ( Hair Vigor Stops falling hair. Makes hair grow. Restores color. Cures dandruff. Could you ask anything more? And it’s so eco- nomical, too. A little of it goes a great ways. Sold for 60 years. L3458 Our stocks are so for that reason every day is a PIANOS PIANOS them, are willing to throw Colonial styless. TERMS A $300 piano $168 A $350 piano $228 A $425 piano $310 worth $2.50, fire sa Price....o. s sible to display all bargains at once, Pianos in oak, mahogany and walnut--all latest 1903 Terms to Svit— Terms to Suar., Come and see. Shoe Fire Sale Men’s vici kid oxfords, plain or tip toes — $1.48 Men’s vici kid lace shoes, nice and stylish— worth $2.50—fire sale price ................ Ladies’ vici kid patent tip oxfords and shoes— worth $1.50—fire sale price ................... gigantic it is impos= new Fire Bargain Day. 80 Pieces of Silks 'or Shirt Waist luns—m-knmcen' zm-i-. v water, worth up to 83 —all a WASH DRESS COODS AND WAISTING 3—white -nd mlm-s - they smell a little of the smoke, otherwise ail right, worth up to T5¢, at BENNETT’S FIRE SALE BENNETT’S FIRE SALE Costly Dry Goods Slightly Sprayed DRESS GOODS—White and cream—all the new weaves so much worn this season—only wet on the edges—at one-quarter the regular prices. BLACK DRESS GOODS—A whole section of elegant Black Dress Goods, so little affected by water that you would never know there was a fire—at half the regular prices. only slightly souched b; IMPORTED FANCY EMIROIDERED (1] All our pianos have to go, no matter what their cost, no matter what we Look at the figures! regular prices of them and the prices we See the them away for. TO SUIT. A $325 piano $I78 A $400 piano $298 A $450 piano $325 prices. very nobby, worth up to $1. ON THE SECOND ,FLOOR An immense display of women's elegant two-plece Wash Suits at startling Sofa Pillows, Tops and Bnrks—elpgant tinted designs for outlng— worth 50c—at Iormlnd{ Val Laces Children’s dainty gamp and high neck suits in India linon, chambray, organdy, natural linen and Swisses—ages 6 months to 2 years. ..25¢ An Immense Bargam Tabll Display of I.aeos Val Laces from lc up Torchon Laces from 2ic ur rom 5¢ up Ik Chantilly Laces from (0¢ u Applique Laces from 9¢ up Galoon Laces from 5c up SOME NOTION BARGAINS per dozen ... Pins—full count Adamantine—per paper Pearl Buttons—flat ball and fancy—from Sc to 24c—pick out the 25c ones at Combs—8Side Combs, Back Combs, Pocket Combs, Toilet Combs—all new— le $1.48 89c WOMED the smoke never touched them. at 9 a. m.—each colors—all at . CLOTHES BRUSHES-—stiff bristles—worth 20c— HANDKERCHIEFB-flno cambric, hemstitched, worth bc to 10c—Wednesday 'S HOSE—solld black lace—worth 76c, and a lot of elegant fancy Crockery Fire Sale HAVILAND & CO. Breakfast Plates—Rouson shape, each 24¢ Three pint Glass Water Pitchers, each .... Best iron stove China handle cups and saucers, set of 6 absolutely first selections .......... 10c pieces decorated Semi-Porcelain Dinner Sets, blue and BIOBN 0 d SRR e e Oc -36¢ BENNETT'S FIRE SALE Special Fire Bargains, not confined to their regular departments. You will find dry goods oy second floor, and bargains everywhere. Furniture Fire Sale Slashing and cutting of prices on goods slightly dis- colored by smoke, to move them quickly. $1.28 woven wire bed BPHURE "< b ovee B9 $7.48 kitchen table cabi- net, for .. e 398 $4.28 rattan rockers..2.95 $5.48 rattan rockers...3.65 7.50 oak chiffoniers...5.25 0il cloth, square yard..l4¢c China Matting, yard 8¢ One roll, 40 yards only, to one customer. 75 heavy wove super carpet, at, yard 2.ply extra mussed, Carpet and hassocks, each .16¢ Scrim, striped, 36 inches Wit i e T asal 6-foot oak pole, complete with ends & brackets 15¢ Odd shades, 50¢, 60c, 650, BBCH: (%..o'y's it v v 2H0 STATIONERY Writing Tablet, with good quality paper, regular fo value, for.. [ Juvenile Note Paper and Envelopes to match, put up in fancy ‘ c boxes, 16c value, for... BOOKS! BOOKS! BOOKS! Large assortment of titles by leading authors, bound in cloth, fancy deco. rations in gold and cover. Ehocka 23¢ TOILET PAPER AT A PENNY. Groceries RELIABLE, FRESH, CLEAN AND WHOLESALE TABLE PRODUTS ONLY HANDLED IN THIS DE- PARTMENT. Tuesday’s Specials Potted Meats, assorted. for pienics, per can SPECIAL REDUCTION IN CALI- FORNIA CANNED FRUITS- 18¢ values Wi 10¢ 15¢ 22 values for... FOR THESE PRICES WEDNESDAY ONLY. Gandy VELVET CANDY SPECIAL. 250 packages Wednesday 150 packages Wednesday. 100 packages Wednesday Great Smoko Salo For the Smokers Wedne 2ic ARE CREMO CIGARS— Two for 5S¢ Ten for 26¢ A FULL LINE OF SMOKERS' SUPPLIES. Remember the Contest Closes Thursday, June 18 THE LATEST AT THE SODA FOUNTAIN— Ice Cream Sandwich It just melts away in your mouth—each District No. 64 of Hitchcock County and No. 52 of Hayes County. The plaintiff was one of the teachers employed to instruct the youth of the districts named, and the defense says, among other (efenses, that she was unreasonable In her demands when she insisted that the defendants should maintain three departments in the school and that she might be allowed to teach one of these Gepartments and attend to her millinery business during the morning and evening hours. Prior to 1900 thers had been three depart- ments maintained and three teachers em- ployed at Palisade. Prior to the annnal meeting in 1900 the board concluded to con- tinue as in the past and entered into con- tracts with three different teachers, one of whom was the plaintiff. She was to teach the primary department and one Miss Crews the Intermediate. Owing to finan- clal embarrassments the board later de- cided to run but two schools. This con- solidation would eliminate one teacher, and either Miss Crews or the plaintiff must go. These two agreed between themselves that they would stand on their agreement and neither would teach under the new ar- rangement, but if they taught there should be three departments, as in the previous year. The board says it requested the plaintiff to teach the lower department under the new arrangement. This she refused unless she was pald $ a month more than the original agreement, and further insisted on not teaching at all unless Miss Crews was given a position. ‘The board then made ar- rangements with Miss Crews. During the previous years the primary department, where plaintiff had taught, was held in a church, the schoolhouse not being suitable for all the attendance. The defendants, therefore, insist that the plaintiff, on her own mation, annulled the contract and that she was at no time ready and willing to teach In mccordance with the spirit and terms of the contract. She thought dif- ferently, however, and sued the board for the salary she would have received under the agreement. The principal defense relied upon is that the old board had no power to contract before the annual meeting, as this deprived the new one of Its proper functions. It also contends that the plaintiff had other chances to teach, but she did not take them because they were not so convenient to her home and she could not carry on her millinery business at Palisade if she ac- cepted them. It insists, therefore, that she was not damaged by the board's action. 011 Inspector Reports, The mgnthly report of Ofl Inspector Church shows that there were no barrels of oll rejected during May, and the record | of tests indicates that none of the ofl re- celved has fallen below the legal require- ments. The receipts during May which were inspected were 13,893 barrels, netting the state fees of $L,389.3). Of the amount the Standard Oil company’s. Omaha office | paid 31,1019 and its office at Stoux City $26. The Republic Ol company's Omaha | office paid §183.60 and its Sloux City office $9. The Mutual Oll Tank Line company at Omaha pald $67.20, the Towa Tank Line company at Sloux City $1.$0 and two mer- chants of Blair contributed 30 cents, The expense reports filed are as follows: Chief Inspector Chureh, personal expense, $12, and office expense, $137.30, with $166.66 salary. Deputy Hull has an expense bill of $5121 In addition to his $10 salary; W. G. Templeton has an expense account of $16.90, of which $10 is for office rent, some- thing hitherto unknown among deputy oll inspectors. Deputy Hoyt's expense account is $27.45 and that of 8. J. Johnson of Minden is $22.57. some $11 of his claim cut out, as it wa: for postage and printing done before In- spector Church took command. Knocks Out Many Claims, Attorney Genera! Prout has handed down an opinion to the state auditor to the ef- fect that all wolf bounty claims are in- valid unless presented within two years of the time of the killing and the certify- ing of the same to and by the county clerk. Deputy Sonnenschein had | No calculation has been made as to the amount of the claims contemplated in the $40,000 appropriation by the recent session this may invalidate, but it is muggested that it will knock out a great many of the pending claims. Quite a large number of claims have been pald, probably $2,000 or $3,000. Two Convicted of Murder. VALENTINE, Neb., June 16.—Spectal)— District court just adjourned after nearly a three weeks' session. This has been the longest term of court in the history of Cherry county. While litigation all over the state seems to have gradually de- creased, in Cherry county, judging by the amount of business at the present term of court, It has increased. None of the liti- gation was of a trivial character, and many of the cases were of great importance. In the criminal business transacted there were two murder cases, and in each instance a conviction of manslaughter was secured. This is pointed to by the people of the county as evidence that even this far west | in Nebraska human life may not be any longer taken with impunity. The civil suits were generally controversies between cat- tlemen over the sale of cattle and winter- ing thereof, and one very important insur- ance case, involving many intricate ques- tions of law, was also disposed of. Judge Westover was to hold the present term of court, but owing to sickness In his family he exchanged with his assoclate, Judge Harrington, and held the term at his home at Rushville, where it was intended Judge Harrington would preside. Bullding is Too Expensive, YORK, Neb., June 16.—(Special)—The Young Men's Christian association buflding committee called & meeting last evening for the purpose of explaining to the con- tributers of the Young Men's Christian as- soclation fund the difficulty they were ex- periencing In securing plans and bids for the new bullding. Fifteen thousand dol- lars was contributed for the erection of the bullding, of which $10,00 was donated in one night at a meeting. This is the amount the committee has to build with and the | plans which they accepted for the bullding completed cost over $20,000. A large number of those present at the meeting believed that the committee could reduce the cost of the building and yet have a building thoroughly equipped and adapted for Young Men's Christian asso- clation purposes at a much less cost than the plans propose. The committee will make another effort to secure lower bids or to increase amount of donations. Diteh Petitlons Searce. FREMONT, Neb, June 16--(Special)— The county board adjourned yesterday as a board of equalization and met imme- | dlately thereafter in regular session. Of | the many drainage petitions rumored to be | in existence only one, for a ditch into the | Elkhorn east of Hooper, was presented Propositions were submitted from all the banks in the county except those at Ames, ’Nlckersnn and one at Scribner, for the de- | posit of county funds. The Interest offered In each case was 2 per cent on amounts varying from $25.000 in the propositions of the four national banks of this eity to $3.000 for some of the smaller banks. Un- less the expected ditch petitions come in the session will be short. Long Jail Sentence, FREMONT, Neb.,, June 16—(Special)— Mike Elmore was given &n eighty-five-day sentence in the county jall yesterday in police ccurt for assaulting his wife, the | first, last and intermediate ten on bread and water. The officer had to break in a | door to get his man. Elmore has already | served out a thirty-day sentence this year. Distriet Court in Custer, BROKEN BOW, Neb., June 16.—(Special) ~Judge Gutterson convened district court here yesterday. A number of equity cases will be disposed of. A saloon case from Mason City and a billlard hall case of this city were taken up yesterday, but nelther | has yeot been disposed ot DANCE INTO CUARD HOUSE "—fi. < Y i % Number of Oadets Disobey Orders end Dotail Places Them Under ferrest. EXCURSION BRINGS OMAHA VISITORS Lincoln High School B Comes Over and W Game trom the Omnha Boys. AUBURN, Neb., June 16.—(Speclal Tele- gram.)—The excursion from Omaha to visit the high school cadets in camp arrived here at 11:46 a. m. There were about 600 visitors in all and they were allowed the full liberty of the camp. The regular camp routine of the day was gone through with, Captain Chaffee acting as officer of the day. The Lincoln High school base ball team played the Omaha team here today, win- ning by a score of 4 to 3. An unpleasant incident occurred in camp today, caused by a dance given by the cadets In the afternoon. The dance was to have been given at night, but the Board of Education ruled against this, so the boys decided to give it in the afternoon before dress parade. Through some misunder- standing those in charge forbid this also, but notwithstanding some of the boys pro- ceeded with the dance. A number of cadets were dancing in the opera house when a special detail from camp under charge of the officer of the day arrived and ordered all cadets back to camp under arrest. Some of those present obeyed the order, but others, mostly members of the band, did not. When the latter arrived at camp they were arrested by the guard and con- fined. Because of this almost the entire band refused to turn out for dress parade. As punishment for this refusal to obey or- ders the band was ordered home on the excursion train. Those who returned from | the dance when ordered to do so were re- leased from confinement later In the even- ing. The excursionists returned to Omaha at 7:30 p. m. The cadets will break camp tomorrow about noon and return to Omaha under command of Captain Wassels. Given Farewell H!enpllon BEATRICE, Neb., June 16.—(Speclal.)— Mr. and Mrs. A. Conine, old residents of this city, who have but recently removed to Kansas City, were tendered a farewell reception Saturday No. 3, Grand Army of the Republi Rawlins Woman's Relief corps No. of them being members of these respective organizations. = A splendid literary and musical program was rendered, at the close of which Mrs. Conine was presented with a beautiful souvenir spoon from the members of the corps as a token of the esteem in which she is held by her friends. The af- tair closed with the serving of refresh- and | ments. Judge Estelle Talks at HARVARD, Neb., June Appropriate Flag day exercises were held yesterday afternoon at Stokes opera house under the direction of Richardson post, Grand Army of the Republic, at which time Judge Lee Estelle of Omaha, department commander of the Grand Army of Ne- braska, made a fine address. Other special and interesting features of the exercises were the flag drill by about forty small school chi‘dren under the direction of Miss Kittie Lee, one of the teachers of the pub- lic schools, and specia’ music under the direction of Mrs. Rockhill, with Mrs. Kate M. Barbour as planist. Harvard. NORTH PLATTE, Neb., June 16.—(Spe- clal.)—The first week of the North Platte junlor normal ciosed with an attendance of 140. Two Institutes now In session in the territory of the North Platte normal | gineering corps of the Nebraska National ! ition for the purpose of deciding which of night by Rawlins post | both | 16.—(8pecial )— | have detained a number of teachers for a short time. Consequently the attendance is-less than it will be later on. County Superintendents Neale, Softley and Tressler of Lincoln, Perkins and Keith counties re- spectively are in attendance. The teachers in attendance are showing great interest and appreciating the opportunities given by the North Platte normal. Valentine Plans Big Time. VALENTINE, Neb., June 16.—(Special.)— Valentine is making great preparations to celebrate the Fourth of July in a fitting manner. All sorts of sports are being ar- ranged for the day. The Fort Niobrara military band will furnish the music and the entire garrison will participate. An effort is also being made to have several hundred Indians present from Rosebud reservation. One of the most Interesting events will be a boat race between a team from the post and a local team. This Is unusual for an interior town. The race will take place on the millpond of the Min- nechaduza river. Cuts Down the Noncoms, FREMONT, Neb, June 16.—(Special.)— The reorganization of the signal and en- | Guard as a slgnal corps only has caused quite a loss of chevrons. As first organ- ized the company had twenty-six noncom- missioned officers. As a signal corps they are only entitled to twelve. An examina- the noncommissioned officers will retain their positions will be held July 15, and there is a good deal of hard work being done by the guards to retain their coveted honors. Doubts Suicide Theory. COLUMBUS, Neb., June 16.—(Special)— D. W. Shaff of this city is much inclined to scout the theory that W. L. Walker has committed suicide, as indicated by the let- ter left to Chief Donahue and published in The Bee. Walker was well known in this city and had been for a number of months acting as timekeeper for a bridge gang on the Union Pacific. He commenced work for Mr. Shaff May 1 and worked one month. | Shaff is a nurseryman and Walker engaged to him as traveling salesman. He left here | June 1. titute Lodge of K LEIGH, Neb., June 16.—(Special.)—Last night was a red letter one for the Order of the Eastern Star. For two years they have been working under dispensation, but at the recent grand lodge a charter was granted. Last night at a special meeting | Peter Rubendall, worthy patron for Ng braska, of Madison, installed the officers- elect and put the order in good working order. After installation the evening was n over to soclal Intercourse, at which hments were served. tern Star, 1 Recover. JUNCTION, Neb., June 16.— (Special)—Little Joe Smith, son of Bud Smith and grandson of T. W. Smith of York, will recover from his injuries. He was riding with his father in a lumber wagon and the team became frightened, throwing him in front of the wheels, which passed over his face, crushing In part of M'COOL his cheek and jaw bone. Physicians in attendance did not believe at first that the child could recover. Hard to Agree Upon Administrator. YORK, Neb., June 16.—(Special)—There was a lively time in the county court room this morning over the appointment of an administrator for the estate of Plerre Brechon, widow, and Miss Hrechon, daugh- ter, could not agree and every person men- tioned refused to act. Finally t agred upon W. B. Long and Hugh Lugazze Triplets in York County. YORK, Neow., June 16 —(8pecial)—Mr. and Mrs. Carmony, prosperous farmers of Arborville township, had born to them triplets, one boy and two girls, weight 7% 6 and 4% pounds respectively, SIA.T5 Chicago “and refurn $13.50 St. Louis and return Burlington . Route Tickets d:; sale June 18 and 30 and July 1; September 15, return limit Flyers for Chicago leave Burlington sta- tion at 7 a, m, 4 p, m. and 8.05 p. m.; for St. Louis at 5:10 p- m, J. B. REYNOLDS, City Passenger Agent (502 Farnam St, Omaha. A good sized room with vault— next 4th floor—a pleasant, $18.00 room for to the elevator—on the good sized a meonth. Every office in the Bee Building has good light—plenty of air and is attractive—a complete office bmldmg in every sense of the word. Sunday. time. Open day and night and Elevators run all the Electric light—water and janitor service free. R. C. Peters & Co., Rental Agents Qround Floor, Bee Building. FEMALE GEANS AT 3 ng Tausy. Pennyroyali not o Seinile eaeae rileved id TWENTIETH CENTURY FARMER Fine Photographie Il TWeHTIETH CFNTURY FARMER Fine Photographie Illustratie