Omaha Daily Bee Newspaper, August 27, 1903, Page 10

DAILY BEE: THURSDAY, AUGUST 27, 1908 WILL TEST HOMESTEAD LAW Dmaba Attorneys Prepare Brief on Appea’ of Mrs Anna Bower, Bailor's Widow. CASE WILL BE ARGUED IN WASHINGTON | | | | Deciston Wil Other to Determine Question as to Title of Thene Apply Namerous Cases and Attornays Walter V. R. Berry and James | ©. Kinsler have flled with the secretary of the Interfor a urief in the matter of the appeal of Anna Bowes—a sallor's widow— from the decision of the commissioner gen- eral of the land office of April 13, 188, denying her the privilege of substituting a pr |1m:u~| afMdavit for one filed June 6, 1901, when’ she made her homestead entry, No. 278, at the Broken Bow (Neb.) land office for the southwest quarter of section 15, township %4, range 33, and from the decision on review aMirming sald decision and hold- ing said entry for canocellation. The appeal involves, primarily, the Interpretation of the construction of the act of congress re- lating to honorably discharged soldiers and sallore and their widows and orphan chil- dren to ncquire homesteads on the public land of the United States. Widow of Seaman. The appeilant is the ‘widow of Stephen Bowen, a scaman of the United States dur- ing the ofvil war, and who subsequently sorved in the regular army, dying while in the latter service. Ho had falled during his life time to exercies his homestead right, and upon his death his rights thereto foll to his widow. On June 6, 1801, Mrs, Anna Bowes, the appellant, having been advised that the law did not require the widow of a deceased soldier or saflor mak- ing & homestead entry to reside on the land, made tho entry herein cited. Before making the entry Mre. Bowes had agreed that she would allow the Stan- dard Cattle company the use of her land pending final proof in consideration of its paying her a certain sum of money and making such improvements on the land as the government might require. She also agreed that the company should have the option of purchasing the land at a fixed price when she was in a position to give title, Investigation s Begun. Subsequently, in the month of July, 1001, the general land office, through its special agent, W. R. Lesser, began an investiga- tion of this and a number of other simflar homestead entries made under practically the same conditions. The result of this investigntion was that in November, 1%2, the commissioner general of the land office directed the officials of the Broken Bow office to notify the appellant and others to show cause why their entries should not be cancellod for {llegality and fraud. The appellant filed her showing within the prescribed tims, but, being advised that the afidavit which she was compelled to slgn at the time of making her entry was wholly inapplicable to the provisions and requirement of section 2307 of the revised statutes, and wholly inoonsistent with the rulings of the Interior department in re- gurd thereto, shoe also filed her.motion in the local land office to substitute a pro- posed affidavit in place of the one which, as sho alleges, she had been wrongfully and unlawfully compelled to subscribe to, Her motion was overruled and an appeal taken to the commissioner of the general land office, who in April, 1%8, affirmed the decision of the Broken Bow office denying Mrs. Bowes the right to substitute her pro- posed amidavit. Mras. Bowes’ Contention. Tt was her contention that on apply- ing to make entry, she need omly to show herself to be the person entitled to the benefits of the law, and on final proc that she had complied with all the requirements and provisions. The afdavit that she desired to substitute was in effect, “that she was the widow of the late Ste- phen Bowes, that she was not the owner ©of 160 acres of land and that she was una- ble to afford the expense of a trip to the [United States land office at Broken Bow, which fs 223 miles from her home." The land office hold that the petition to substitute the aMdavit could not be al- lowed, no provision having been made un- der the laws for such an afidavit, and that the essential features required in all afi- davits of homestead entries, which states that the applicant is not acting as the agent for any one, corporation or syndi- cate, for the purpose of giving them the benefit of the land, but that the entry ia made in good falth to obtain a home for the applicant, and that she has not directly made any agreement or contract to allen- ate the land, etc., 1s entirely omitted from the substitute afdavit. The attorneys for Mrs. Bowes maintain that under section 2307, Reviséd Statutes, that it is not essential that the widow of a soldler or sallor should reside on the land to enable her to make final proof. Numerous authorities and decisions are clted to substantiate this contentfon in the brief, which comprises forty-four pages. The case will be orally argued before the secretary of the interior September 3 by the attorneys and counsel in the case. The case is one that involves many hun- dreds of similar entries in Nebraska and the outcome of the decision will be watched with the utmost interest throughout the west. COMMENDS ACT OF COUNCIL Oity Hall Oficial Upholds Course of Refusing to Oreate Improve- ment Districts. “The course taken by the councll in re- fusing to create improvement districts until the petitions are flled with the city clerk 18 & good one,” said a city hall official. “In the past and right now, for that matter, much paving 18 being held back, simply because the contractors who have worked up and hold the petitions refuse to file them. They procrastinate because they are afrald some other contractor will jump in and Induce the property owners to use other material than cziginally planned for, or through fear of Jower bids being submitted. Although property owners have been taught Jessons of this kind time and again they still permit the contractors to circulate tho petitions, instead of getting out and hustiling for them themselves and insuring prompt filling in the clerk’s office. The systom I’ which the contractor works up the petitions hus produced much harm in the past, and is one of the reasons why Omaha has been deprived of thousands of dollars of special taxes.” SPRCIAL “TRAIN Via the Northwestern Line te Lake View, lowa, aud Returs, Saturday, Aug. 29th, From Omaha 7:3 a. m., back home same evening. Only $1.50—-Round Trip—$L.60 Spend & day at beautiful Wall Lake Pine groves, steamboats, bathing, rowing, Ashing. Only $1.50, 9160, $1.50. City ticket offices 1401-168 Furnam Street. Sale of Boys' Schoof Suits {BRA oST o Clothlag s;.&.":‘.; ale of Children’s Dresses A Great Opportunity Tomorrow to Buy Neat and Serviceable School Dres: s at a Big Bargain, Children’s $3 Dresses at 98¢ HAY DENs THE RELIABLE STORE. OPENING OF THE FALL SEABON OF 193 L. AND SILK AND WOOL GOODS THE Lm;_llrlm-fl LAIN, BUTTON EFFECT| ND LATEST STYLES FROM EUROPE ‘\h AND DOMBSTIC LOOM 60| 500 .1.00 SCOTCH SUITINGS, ®.inch fancy Py Fmtch Mixtures . 40-inch Plain Suliting We are showing the swellest line of Volles, Zibelines and Suiting at.. High Grade Dress| Goods Dept. OUR ENTIRE STOCK OF FALL NOW ON BALE, WE_ARE SHOW- LB AN Ra PLAIDS. AND 8 AND IN FACT ALL THE NEW An lm ortant item to rumumb'r in buy- | 1nig "t Biack dress is that the goods must | be the best. This fall shows a beautiful callection of estley’s, Lupin's_snd Oourtanid's, in \:’v“‘u M l‘v\nna(’l‘fl Brodesette, (‘repo do Chines, ranging in price trom $1.00 a yard » We recently purchased from an eastern manufacturer a great stook of children’s dresses. We secured them at an enormous price concession and will offer them today. just before the beginning of school at a wonderfully low price These dresses make pretty and desirable little gar ments for school wear. Made of French ging- hams piques, chambrays Percales, etc., in Russlan blouses and sallor suits, prettlly trimmed with laces and embroideries, hundreds different styles, ages 3 to 14 years, worth to $3 each, today at New Fall Cravenette Coats The new fall Cravenettes with all the latest 1deas of the season, in- cluding the new sleeves, full belted backs, etc, made in the strik- ingly handsome novelty patterns. They are light and comfortable, yet impervious to the heaviest shower. They will be extremely styl- ish for fall wear. A fow $20 down 9.98 special values at eesanans New Carpets and Rugs In Our Enlarged Carpet Dept.---Third Floor. We have just received our new fall stocks of fine car- pets and rugs and can show the most varied assortment of handsome new patterns to be found in Omaha. We make a specialty of room size rugs. Fine new Royal Wilton, Hartford, Axminster, Brussels and Smyrna rugs, as well as Kiva and all wool art squares, etc,, in the newest and most beautiful patterns. %‘lundreds of patterns of Wilton, Velvet, Axminster and Ingrain carpets. We have never been able to show you such an extensive :ssortment, and we solicit a visit to our enlarged carpet department on the third floor. 3. L. Beundeis & Wous J. W. Brandeis & Pons Is the Grocerymen's Picnio, (n 8t Mo, Valley Thursday, Aufin B ovon it they have to this af- fair in pulled oty will hve Tioe Weathor. the sense of pcylut more for these 60c Pozonni Face Powder " guaranteed. OPEN ALL NIGHT. SCHAEFER'S i Sow: DRUG STORE Two 'Phones—747 and 707, 16th and Chicage Streets, Omaha DR. WILKINSON'S EYE, EAR, NOSE, THROAT CLINICS. CREIGHTON BLOCK, ISTH AND DOUGLAS, OMAHA. Treatment and opentlnn. daily for Om- lnn and deafness 1 .“nthl u by omnuon. Headache, THESE CLINICS R open e\anlnu 7 to 8 p. m. No charges good teeth ought to be protected. A little FILLINGS .. Too tarrh, Catarrhal Deafness, Adenoids—often cause of mau'.h bm ll-uu-n- c-mu Im R huu tl.rd‘llp fl nning 0 899 ot st oo "Affections of the Yoice, rritable. cougl h‘l fover, o, % THOSE Ncyr PREPARED TO PAY-2 TO for exumha!lon n! p.uan Your bad teeth ought to be made good, and your work today will save much pain tomorrow. THEETH CLEANED.. Too ! Taft's Dental Rooms 1517 Douglas St. OMAHA'S FAVORITE COLLAF\’ i BARTON'S ORGANIC { SCALE SOLVENT u used for removing the organic de- posit formed in waste pipes leading from Bath Tubs, Bowls, Tollets, Uri- nals, Kitchen BSinks, Laundries, Ioe Boxes, Breweries, Steam Pipes and Steam Bollers. WGRLD SUPPLY CO., Agts. OMAHA. For Sale-OMAHA COFFEE CO., BUFFET & SON, Grocers. Perfield’s “ane'ce. Booh‘. $n- L 'Im‘t 701 mvnn PMW llll'u‘-.ld ) SrowsorruEs, Printer, 1301 Howard, tel. 150, “These —_— 1s only one Blonecypher,” but he's delng twe things De. ¥. W. Slabaugh, dentist, SN, X, Life, | new—sad dolag both ia the sasme higharade mannen THE RELIABLE STORE. BESIDES OPENING UP THE NEW FALL, SPECIALTIES 1N WASH _GOODS, WL LSO MAKE A GRAND CL GAREFULLY READING THIS 2 SR G ATRATR IDER oF WHAT Wi 800 Wash Goods Closing Out at 100| Ginghams, worth up to Yo— Mercerized Btriped Ginghams, Imported | Thursday . Madrases, Mercerizad Wiriped' Linen Ba- | 200 Wash Goods Clos tiste and Mercerized Bpun ass nens— | | Broc ed and corded OF, Py f0c | “wide Percnies, irieh Dimft Thursday ... AR Jide Peroaie, Irith Dim ::De w;;-h fln;d- Closing Ilnlfln( 7lde | Thursdey . th) it h Batiste, red «and - rbrolaced, ‘and Lace Birined Bwisses; | Bxtra wide and heavy Shaker Fian- e e imities. dhmty. Sephyrs | Extra heavy Quting Flannel, worth < 100 per yard.. o Foouraday araseeworth up X0 .. 140 | mxtra. heavy White Wool Flanne worth 25¢ per yard 80c Wash Goods Closing Out at Bo. . Macname lace striped Organdies, Linen [ Blue and white German tailled | shm- ing, worth 16¢ per yard.. Batiste, colored French Batiste, corded | Bwisses and Dimities, yard-wide Per- | Extra fine Comforter Bnlun, worth 18c per yard.. cales, Royal Twllls and Scotch plnml AYDE“’ Big Linen and Domestic Depts. HE LARGEST HANDLERS OF LINENS AND DOMESTICS IN THE UN!T%DAE‘?A;EEI AND THE PRICES WE ARE MAKING ARE THE LOWEST VER MADE BY ANY HOUSE. 100 Cambric 7 1-2e. | 60c Table Linen 5Oe. Bnow White Cambrio, yard wide, 1&0 Extra fine German Table Linen, the ori 10c value, at--yard. nal silver bleached, 6c quality, 6 1-3¢ Bleached Muslin 4 7-Sc. at—yard . Boft fnished bleached yard-wide 4§c 8B T.u. Linen @So. Muslin, alue, at—yard. s Tt | Bxtra heavy Austrian Table Linen, satin vk | finish, pure I quallty, Ready-to-use linen finish Bleached Sheets, y C size £1x%0, the 60c quality— c | ante. & yard at .. \Hemy unbleached Bootch Table 12 1-20 Pillow zsc Ready-to-use cases, size Linen, 60c value, at—yard. ’ 160 Towels 10e. 12340 value—at s 22 1-20 Sheeting 180, Double warp bleached Turkish Towels, ex- Fine Bleached Sheeting, 72 inches wlda, tra heavy Huckaback Bleached Towels, one of the best sheetings on the ip to 46 inches long, 160 value— market, 2%c quality, at—yard | c CLOAK DEPARTMENT Extraordinary Announcement BEVEN MANUFACTURERS' STOCKS 3F BKIRTS—MADE TO SELL UP TO #4.60, ON BALE SATURDAY A SEE SIXTEE NTH 'STREET WINDO SUITS, IN CORSET AND LOUIS XIV STYLES, JUST RECEIVED—ON THREE HUNDRED NEW ADVANCE ST YLES OF MAN-TA!LORED BALE THURSDAY AT ndles, 27-inch tles and Scotch (I Bargains for Thursday in Gents’ Furnishing Department. : CLOSING OUT ALL THE MEN'S UNDERWEAR THAT SOLD UP TO $1.00 AT 2%c AND 5o, 200 dozen men's Half Hose, in plain_and fancy colors, worth Gc, on sale Thursday at 160 and 100 dozen men's 0o Suspenders, kinds of leather and silk ends, on sale Men's $1.50 Shirts, with scparate cuffs| in white and colors, at. ey ' 00 Men's Working Shirts, in medium " end 25¢ ’ Furnishings Dr. Warner's Rust-Proot Corsets, with hnu Aupponern attached, on sale "oo lisle thread Vests, worth 500 4 osen ladies' Hose, in fancy ocolors, worth up to 49¢c, , 19¢, 150 and.. Children's full seamless Hose, at e, 19c, 150 and.. Ladies' and misse all colors, at.. RELIABLE GROGEHY | Malta Ceres—Per kage of Union, Yankee or High g @ g‘l‘:glfzre.'krut Oatmeal, per Ib 15 Fresh Boda Crackers— Per 1b. Fancy é,r(lp Ginger Bnaps— Cellulom Elastic or Electric Starch— Per pnckln G?rod lnlce. Suo,bBlrlny or ID loca—Per oo Frenh Ro.’ulod Peanuts— The best Corn Starch— Per package. Imported Mncuranl-— Tl Large bottlet Fancy Tomato C: lain black and t 200 dozen ladies’ Bt 60c, on sale at—each—26o, 1be, 10c and.... ebeags A Big Mone Pn“:Es"s;wlns Sale Large sacks White or Yellow Corn eal—Per sac 2-1b sacks Whole Wheat Flour. &Ib. cans Baked Beans, with or without sauce. Largs Italian Pr Prunes— er can l-lb can Oalden Pumpkin— er can Wi Free to AII——{M‘T‘; ;‘»mn‘?.i.‘é‘e"u?'nu’fi"é‘m?.’:; Sept HAYDEN BROS. 203 S 15"st Frank Wilcox H.n.gtr\ Once we sell a wo- man a Sorosis we have no competition thereafter. Sorosis $3.50 always. and women who have been paying $5 and $6 sometimes hesitate about paylug $3.50 for Sorosis ~— but after one ftrial, there's no hesitation. The style, shape and fit of Sorosis holds their trade at $3.50 always. The New Potay We are exclusive agents for the genuine Kiley “Patay’ last, the new- est thing out in & man's shoe. Patent Corona calf, glazed calf and swell French calf soles, just heavy enough for fall wear—heavy or double. This is the shoe that has made such an impression in the east this summer. Just remember, we are the exclu- sive agents and you can't get them anywhere else in Omaha. DREXEL SHOE 0., Omaha’s Up-to-Date Shoe House, FALL SHOES FOR SEVERAL THOUSAND PEOPLE. A good proportion of Omaha’s thousands of folks cancome here today and get fitted with the right sort of fall footwear, with profit and economy to them. We said “several thousand people” in the headline. That’s an underestimate. Our SHOES FOR WOMEN for ladies’ shoes or oxfords, made of fine kid with patent tip, high or heavy sole, worth two-fifty. for ladies’ shoes or oxfords, made of the finest viei kid in all the swell stylish lasts, worth $3.50. for ladies’ shoes or oxfords, made of the highest grade leathers and on the latest lasts, $4 values. showing this season is far greater than any previous season. SHOES FOR ME 32 u for men’s shoes, made of fine velour calf, and viel. ' They come in good stylish lasts and are $3 values. for men’s shoes, made on genuine Goodyear welts, v latest style lasts, worth $4.00. $2 9 for men’s shoes, made in the swell Blucher style ' effect, in fine velour and box calf leathers, a shoe worth $4.50. 31,9 2.5 $2.9 . . Rousing Bargains in Clocks and Watches LA BALLITA, smallest clock made, runs 34 hours, has fancy flgured porcelain dial. A very putl}' llnla l for a _bed room; will look very chlo C on a fancy stand. Big i'\‘.l it recelved—tomorrow only.. GUARANTEED A PFR SCT TIME KEEPER. BIC SALE OF ALARM CLOCKS SPASMODIC, so called because it rlnfu at Intervals of 15 seconds and keeps the fun up fo]; 15 minutes. We sell It every day at $1.25, on . % CENT A ALARM CLOCK-very cheap. at that— 75 CHNT ALARM CLOCK worih mors money: tomorrow o THBSH CLOCKE ARE GUARANTHID. NEW LIND OF WATCHES-NICKLE SILVER—just received from ory- DRUGS ATTEND THE _ MONBY-SAVING SALES BVBRY DAY. ONLY PURE, FRESH GOODS Mail orders filled from this ad at all times. Write now. FREP POSTAL CARDS. TEL, 137. THURSDAY SPECIAL A PICNIC OF LOW PRICES, JAPAN RICE SPECIAL — Several thousand pounds of full, large grain Japan Rice— Be 1b.—~Be 1b.~8Se 1b. ..21c to lay in a supply B.sm’mlls Capital Creamery w &°your e Hooth's Baked Beans— Carter's Little 1 pound cam . 7 Liver Pills... Aloock's Porous Plaste: two for 25¢; each. Castoria (we sell the genuine only).. ¥ire's Root Beer.... California Byrup of Figs.. v Stuart's Dyspepsia Tablet: e MOTHER'S FRIEND Mennen's Talcum Powder.. Dufty's Malt ‘Whiskey . Listerine Teo and.. Pinkham's venubu Compound. ; DR. PIERCE'S FAVORITE PRESCRIPTION.. H&H!ek ] Mnl!ed Milk, VALUES IN TEAS 25¢ wheoe Fickiing spices, o pound. ..~ 20c isit the Meat Market Thursday and Friday. Oyster Season opens tomor- row. SPECIAL Imperial Japan— 1419 FaraamStreet, Pleasure to have an office in a building where everything runs smoothly and where your wishes regard- ing the little things that are often annoying are taken care of without the necessity of complaint. The superintendent of The Bee Building devotes all of his time to supervision of service, repairs and the comfort of the tenants. It may surprise you that you can rent & very comfortable offics, inoluding all of the benefits of good service, for §10.00. All of our offices are light, cool and at tractive. R. C. PETERS & C0,, RENTAL AGENTS, GROUND FLOOR, BEE BUILDING. SATISFACTION IN EATING is never obtained with poor teeth. 20 years experience enables you the best Dental attention. BAILEY, The Dentist, ephone 1085, 3rd Flw us to give dan xton Block '