Omaha Daily Bee Newspaper, November 21, 1909, Page 5

- » 4(DUNT'S HEIRS WIN AND LOSE — [ 3 ¢ s » \ re 4 Al » (.3. ¢ Intérvention Papers Thrown Out, Way of Intervention Explained. BISHOP WILL GAIN HIS POINT Me Wil Be Able to Prevent Heirs| from Cutting Up Residue of Ew trte—Working Girls Not Beneficlaries. The helrs of Count John A. Creighton | not concluded and went over until Mon- | scored on the surface a victory In district seourt Saturday, but the latter part of the ruling by Judges Redick and Estelle was quite the other way about The court threw out the petitions of intervention In the will contest, and stated its grounds for doing so. Later, neverihe- the court informed the side desiring to Intervene how it can legally be done. The upshot is that the intervention will be achleved and this Is the object of the law firm retained by Bishop Scannell to prevent the heirs of Count Crelghton from cutting up one-half of the residue of the estate. Judge RedicK spoke in Estelle and himself. He declared that the intervenors in the sults, who are a num- ber of poor working girls, cannot properly be held to be beneficiaries under the wiil. The fight Is over the portion of Count Creighton's will which cstablishes a home for poor working girls. Only the trustees, eald Judge Redick, could determine whethet or not the girls named are eligible as beneficlarlies. It is a mutter without the province and jurisdiction of the court. Abcordingly, If the gifls cannot bs shown to be such beneficiaries, the in- behalf of Judge canno. tervene in the case as interested pa Coutentlon Ix Wrong. Taking up another question argued, Judge Redick declared that the contention of the attorneys for the heirs and trus- tees was wrong when they sald that the attempted intervention came too late and should have been made in county court “Assuming, as we do, sald the court, “that the trustees are honorable men and perfectly fair-minded in this matter, there is the added fact that ms heirs they have an adverse interest and thus a new situ: tion has been created since the will was passed upon In county court.” On certain technical questions of prac- tice the court also held with C. J. Smyth, representing the Intervenors. Finally Judge Redick suggested that the governor of the state could be asked to tell the attorney general to file petitions in Intervention, and this will be done. Whether Mr. Thompson or C. J. Smyth will then conduct the case for this side remains to be seen. With the intervention thus established, as it undoubtedly will be, the matter will be fhreshed out on its merits in dis- trict court and the question decided there as to how much of the $160,000 left ought to go to the Working Girls' home, MEN TOO BUSY TO GO FOR LICENSES, SO SEND GIRLS Two Atlantic, In,, Lovers Have to Work Beyond Time Court Honse Closes. “tA hard-hearted employer, whose identity Is not ascertained, kept Roy White and Don Woodward" working until 12:30 p. m., Baturday, so that their future wives had to go to the office of the county. judge before noon and get the license to wed. For the marriage license bureau shuts up shop when the sun crosses the me- ridlan. . Venette Hall, who is to espouse Mr. White and Dora Hoffman, who will. shed sun- sbine in the home of Mr. Woodward, ap- peared together and asked for the licenses. 'Our fiances,” said they, “have to work antil half after noon, so we thought we'd some and get the licenses ourselves if it | s all right.” They gave the residence. of their bands as Atlantic, Ia., but said they recently come to Omaha and were at here for some “cruel taskmast RAY K. WILSON IS DEAD hus- haa work Well Known Traveling Salesman Dies After Several Years of Tlines Ray K. Wilson, weli known traveling salesman and business man, died Friday al will be made Sunday afternoon in For- st (‘mar an {liness of several years. The bur- Lawn cemetery and services will be leld at the home of his sister, Mrs. B Lancaster,, 2 North Twent street, under the auspices of KExcelslor odge of Council Blufts Masons. ballbearers will be H. B Parker of Harlan, Ia.; Roy Ayers of Papil- jon, W. B. Roney, A. W. Brooks and A. Lancaster of this eity. Mr. Wilson was born in Blanchester, O. moving to Neosho Falle, Kan,, when a boy. In 18% he came to Omaha, where he made Als home for a number of years, being tonnected awvith the M. E. Smith Wholesgle dry Goods company and Thomas Kil- satrick & Co. He will be remembered by he many traveling salesmen of lowa and Nebraska, having for several yea's trav- fled In these two states for the Nomatuck Silk company. For two years prior to the Nness which culminated In his death he vas engaged in the mercantile business at Marinda, I PAUL DECISION The IN A WEEK t Will Be Announced by Judwe Troup Next Saturday Morning. Judge Troup, returning from Tekamah br'a day, snnounced that he will give his le¢ision in the sult of John Paul and Mrs. fellle 8. Paul next Saturday morning at | o'clogk. The ruling of the court, owing o the sensational nature of the hearing. ) awaited with considerable Interest. ({1 7” Humphreys’ Seventy-Seven Famous Remedy for Grip & COLDS While “Seventy-seven" 1s sold in wvery drug store in America-—it is best © have a bottle in your pocket, and ake a dose at the first feeling of las- itude and weakness and so break the lold up at its inception. “‘Seventy-seven” will cure a Cold ftor the Influenza, Cough and Sore ‘hroat have set In but it takes longer ~why delay? est pocket. Druggists, 25¢c. Ann Streets, New York. Swain and A. C. | 135 a5 o e Suit to Eject Fruit Men Said to Be a Fraud |Action Not in Good Faith, Affirms Attorney for Italians in the Schlitz Building. The suit over p on of part of the premises of the Schiltz hotel began In | county court Saturday jnorning, but was day. It 18 the case brought by Fred Vogel, jr, of Milwaukee to Yeject the | Tropical Fruit and Cendy company, other | wise James Rotolo and Sam Scavuzzo, | from the basement which they occupy as | a truit store Just prior to the starting of the hearing a tart reply was filed 'n behalf of the Itallans by J. C. Kinsler. The reply de- clares that the suit is not brought in good faith and gonstitutes a fraud. The orig- inal petition is against the Philbin- Murphy Hotel company and the Italians, and 1s to dispossess both. bin-Murphy company met Wwith reverses some tie ago and J. C. Philbin Is now | lessee, in fact, from Vogel The real fact in the case is that because of the daylight closing law the hote] does |not wish to operate the Heidelberg cafe and Vogel wishes to convert that part of the bullding Into a storeroom. When the cafe was established the floor was raised several feet above the street level and to make a good store of it it will have to be lowered buck. Jere is where the Italians come in. To ‘this depression they object and refer to their lease. Their reply also asserts that the Schlitz | Brewing company is still the real owner | of the property and hints at a wash sale | to Vogel. | Vogel, who is connected with the great leather and tanning company of Milwau- kee and many times a millionaire, s a relative of the Ulhleins, who own the Schiltz Brewing company. Foot Ball Player Has Neck Broken Albert P. Wibiralske of Orange, N. J., Thrown by Tackle While Run- » ning With Ball, ORANGE, N. Nov. 20.—With his neck broken in much the same.way as that of Cadet Byrne of West Point, Albert P, Wibi- ralske, 17 years ofd, died tonight”in the Orange Memorial hospital, another victim to foot ball. He had been tackled in open field swhile running with the ball and thrown headfirst. STONE HITS ANOTHER MAN Anti-Saloon Lenguer Has Louls Rent- frow Charged with Breaking Eight 0'clock Law. A warrant has been issued for the arresl of Louis Rentfrow, proprietor of the bar at the Windsor hotel, Tenth and Jackson streets, where a recent rald resulted in the confiscation of gambling paraphernalia, charging. him with violating the daylight closing law, by selling intoxicants after § o'elock. The complaint was made by Harry A. Stone, secretary of the Anti- Saloon lea, , as have been the rest of the recent complaints, and the warrant was at once fissued. " THeré are four counts against Rentfrow, as follow: On October 10, alleged C. E Holyoke bought beer; October 9, alleged C. A. C. Gaveen bought beer; November 6, alleged A. A. Rasp bought beer at 8:30 and 11:20 p. m. The trials of five of the six saloon men | against whom complaints were made Fri day will také place in police court during the next ten days. Next Friday William Miller and Charles H. Stillers will come up; on Saturday the trial of 8. T. Green will take place, and on Monday J. J. Sul- livan and Charles Lentz wil] face the court. Service has not been made on T. J Foley, the sixth defendant, as he Is out of town for a few days. COUNCIL WILL ACT" MONDAY Resolutions to Appropriate Money and Make Repaifs In Lald Over. The city council had up a resolution to |appropriate $10.00, or so much thereof as may be necessary, to buy new apparatus for the police department, at a special meeting Saturday. The resolution was 1ald over until an adjourned meeting to {be held at 2 o'clock Monday. was alsq 1ald over which provided that the |committee on public property and bulldings and the bullding inspector should proceed to place the burned barn In proper shape |for use. City Comptroller Lobeck pointed out that an ordinance is required to legally proceed and the city attorney will prepare the nec- essary ordinance for action at the Monday | meeting. Councliman Brucker spoke in favor of tearing out the whole interior, the second story, of the barn and making | the structure entirely fireproof, with only one floor. Councliman McGovern Insisted that the council should not appropriate any more money than is actually needed, after the insurance company which cirrles the policy on the burned automobile has settled for its loss. PERSONAL PARAGRAPHS Colonel 81 Alexander of guest at the Rom Judge Edgar Howard of Columbus is a guest at the Paxton | ¥. J. Schols of Evansville, Ind., seccre- tary of the state of Indlana, s & guest at the Paxton. | _W. H. Hunter of Downington, Wyo.; C. E. Wells of Whitewood, 8. D., and C. Bren- | mon' of shoshoni are at the ‘Merchants, F. J. Taggart of the Loyal hotel has re turnéd from the meeting of the Kansas and Missourl Hotel Men's assoclation at Kansas City. [ E. A. Branift of Spokane, C. H. Zimmep- man of Salt Lake, George H. Smih of | Twin Falls, Jdaho,” and H. E. Swand of Lincoln 1s a Rapid City are at the Loyal W. F. Black of Alliance, W Midiand, Tex.; Clarles Hardy of Morrow- town, 8 D.i J. A, Burke of Spokane and |G. D. Butterfield of Norfolk are at the | Rome. {s T. H. Currle |RRound Lake, E | | | N. Pence of of Monarch, C. H. Chambers of Columbus, W. J. Payne of Rush of P. R. Stanhope of Denver Lincoln and G. M. Habig of Hastings are at the Henshaw. W. F. Prowett, F. {w. 'P. Quackenbubh Mrs, C. A. Blakely of Norfolk. john Dehl- bron and H. F. Landbers of Copeland Idaho, are at the Murray. Emll Gustafson and daughter of Oak- |1and, cal., are in Omaha to attend the funeral of Mr. Gustafson's siste: law, | Hannah _A. Warnicke, whose death o | curred Thursday Burial will be made Saturday afternoon. P. C. Anderson of Spencer. H. H. Hobar E. Mider of Fullerton; of Denver, Mr. and { Memphi Neb.: J. B. Gaskell of N Draska City, D, 8 Hirrage of Crete, . B Remine, E. M Gale of Denver; Mr. and {Mrs. A" B Hildebrand of Hooper, Mrs. C. M. Hemier of Heatrice and 0. A. Torger- son of Sidney are at the Paxton. C. €. George left Saqurday for 8t. Paul, where he will study real estate conditions Mr. George hos been making it a practice of late to make week-end excursions to the leading cities of the west to see what information he might piek un of benefit. But the Phil-| A resolution | including | THE OMAH LABORERS' WAGES BOOSTED| Demand for Workers in Omaha Now Greater Than Supply. RAISE IS FIFTY CENTS A DAY Workers on Day Night Shife s There is Difficulty | Keeping Men. | Scarelty of laborers in Omaha has com. | peliea 'contractors to boow. wage scales. | Workmen on the City ational bank strue. ture, the Brandels theater and ths | new Douglas county court house are af- | fected by the raise In wages | At the City National bank. when laborers | new completed their week's work, they were pald at the rate of §250 per day for men on the day shift, men on the night job re. | | ceiving $2 per day. This is 4 boost of & cents daily In the scale. Forty men are | glven this advantage of the Increase in wages | On the Brandels theater the Thompson- Starrett Contracting company has an- | nounced a raise in the scale from 20 cents an hour to 2 cents. Lahorers on the | Douglas county court house are paid ac cording to a sliding scale, ranging from 13 | |to 25 cents an hour, where previously the | maximum was 20 cents. | The James Black company, Which has | the contract for the bank, has had securing men. Men with scarce, Unable to secure laborers wita wagons and horees, the firm has just pur chased five teams complete to be used at | the grounds. This was found absolutely | necessary in order to carry on the work | | ana make progress during the fair weather, | | There seems to be general scareity of | laboring men throughout the country, Rail- road offices report trouble in securing men | |for construction work, and, although work | of that nature has been about completed {In this viclnity except for general repair men, there is a constant demand for labor- ers from the west, with Colorado a heavy | bldder for men. Some Workers Go West. Twenty trach laborers left for Colo- rado_over the Rock Island and will be| used as repair men, J. C. Dailey, gen- eral superintendent of the Rio Grande Western railroad, is in the clty at the present time and states that his road and | the Denver & Rio Grande are handi-| capped by shortage of men. He came to Omaha In his private car, “Wasatc| W. E. Green, first vice president of the Denver, Laramie & Northwestern | ratllway, was in the city Friday in con- | ference with A. L. Mohler, vice president | |of the Union Pacific Railfoad company. | Mr. Green states that work on their new | line from Denver to Greeley Is progress- ing slowly because of scarcity of labor. | Track laborers, mostly Swedes and| ifaltans, are paid $1.65 per day in Colo- rado in addition to thelr quarters. Thomas J. Flynn, superintendent of streets, says there are plenty of men for | street work, and that the department | | usually has a sufficlent force on hand. Th street rallway aiso reports no short- age as their employes are mostly regular | men and are not employed on temporary Jobs. new considerable City National difficulty fn teams are also Comptroller Rules on North Platte Case He Holds Government Must Make Payments Direct to Persons Do- ing Work on Project. WASHINGTON, Nov. 2.—In connection with the attorney general’s recent blow at co-operative reclamation construction con- | tracts, and involving every condition ob- | taining in any Irrigation project, the comp- troller of the treasury in the case of the North Platte Valley Water Users' associa® | | tion case, holds that the reclamation ser- | vice's only duty is to make eash payments | to the persuns who perform services or | | who pald others for such services. This | payment 1s to be regardless of the North | Platte company or any other holders of the certificates issued by the reclamation ser- vice for such work, The United States, the North Platte as- | soclation, and the settlers or water users, | otherwise known as the water right ap- plicants, are involved. The association holds $21,453 In outstanding certificates of the reciamation gervice of the $88,774 lssued for work and material, the reclamation | service having agreed to accept these cer- | tficates when spresented by wter right applicants In reduction of assessments against them for construction and main- tenance of the works. The attorney gen- eral recently declared against such con- tracts. The comptroiler holds that the certitl- | cates may be accepted as a prima facle | evidence of the work done, that indebted- ness for water rights does not affect the | right to make cash payments; that the | certificates must be only to the ones who | aid the work, and they cannot be assigned; | and that the North Platte assoclation's | guardntee of all water right charges due to the United States from water right ap- | plicants 1s vold. The deciston declares that | | the parties must work out their equities | and legal rights among themselves. POSTMASTERS AND CARRIERS | | 1 lows, Nebraska and | South Dakota Townus, } | Those to Hold Office in | | (From a Staff Correspondent.) WASHING ov. 20.—(Special Tele- gram.)—Rural carriers appointed: Ne- braska—Cedar Rapids, route 3, C. L. Judd carrier; no substitute. lowa—Albla, route 6, Jacob I Conger, carrler; no substitute, | Corning, route 4, Willlam T. Stokes, carrier; |John M. Stokes, substitute. Lemars, route 3, George O. Hammett, carrier; Harry Old- royd, substitute. Newell, route 1, Loys B. Couch, carrier; no substitute. St. Charles, route 4, Matthew W. Brown, carrier; Joseph M. Browne, substitute. South Da- Kkota—Ashton, route 1, Ellis Baltezore, car- | rier; no substitute, J. H. Deethlefs has been appointed post- master at Ricketts, Crawford county, lowa, | vice H. A. Timm, resigned The postmaster at Davenport, Ia., has| been allowed one additional letter carrier | from December 1 — PROTEST OVER OIL RATE| | Natto Reflning Company of Cleve. | land Objects on Charge to | Omaha from South. (From a Staff Correspondent. ) WASHINGTON, Nov. 20.—(Special Tele- | gram.)—The National Refining company of | Cleveland today flled complaint against the | | Missourl Pacific Rallway company protest- | ing against the charge of 23 cents per 100 exacted by the defendan railiroad for trans- portation of petroleum and Its products from Coffeyville, Kan., to Omaha. |ell Bluffs attending the district court con- :m"’"""- ) ol ‘,__.,,.,_. '........‘ ...”_. e A SUNDAY BEE: 21, 1909, NOVEMBER Ambitions for Your play the piano, music may easily mean only a dull, tiresome round of etudes and finger exercise. The modern way is to get the child really interested in the sub- ject matter of music by bringing a musical atmosphere directly in- The Pianola Piano or hand;playing the Pianola-Piano is a per- fect instrument, with responsive touch and splendid tone. But unlike the old style pianos, it is not limited to hand-playing alope. reputation. Exclusive Improvements the Pianola and Pianola Piano to insure artistic playing, no matter who may pla for individual effort (the latitude it allows its performer’s feelings and the intimate relation that exists between its performer and itself), is the secret of the appeal the Pianola Piano makes to the artistic element in aid are given b; ola Piano makes every one. Individual Recitals we are the only authorized representatives given for your Piano if exchanged in on a Pianola. PIANOLAS SOLD ON PAYMENTS Schmoller @ Muelle Piano Company 1311-1313 Farnam St. Phones Doug. 1625; Ind. A-1625. Established 1859. Branch Stores: Sioux City, Atlantic, Council Bluffs, S8outh Omaha, Lincoln, Wholesale Agences in 100 Nebraska, Iowa and South Dakota Towns. But One Pianola Capital and Surplus; $500,000.00. a $1.000 bill and tén $100 notes. He_;e’s 6;13 Niii(c Mabray Missed | | sala He had deposited $4,00 moire in an | Omana bank and was just ca rying the $2,000 as loose change. Loose It got Just before coming to Omaha Falco is to have lost $,000 In a crooked real | estate deal-in Reno. Then he acquired a James Falco of Remo Appe to |prejudice against the miping town and sought Omaha Let Go of His Money 4 - 4 N If you have anvihing to se or trade Readily. and want quick action, advertise it in The - Bee Want Ad-columns. All the “Mikes” are no. over in Coun Texas Defexts Oklnhoma. AUSTIN, Tex., Nov. 20.—Texas defeated formerly of Reno, Oklahoma' at foot ball this afternoon by a vention, for James Falco, Nev., is also & vietim of the unserupulous 3 core of 3 to ‘exas, after the first three Faico himself 4id not try (o swindie any- | [E0N0 08 % {00, TREas, Mter e firet thrce body. but seems to have been easily|yway and immediately followed the first swindled. He was in district court Satur- | touehdown with another in four minut'a. day when two colored irls, Luedells |Thix endca the scoring in' the first hait o o Qklahoma braced up, but the Texas line Robinson and Grace Dorgee, were ar-|Qklahoma braced u the Tashs Nee ralgned. Together they got, Falco charges, #2000 of his meney. Falco was carrylug touchdowns In the second half and at no stage of the game was thelr goal in danger to the home. Then practice ceas~ es to be a thing to be dreaded or evaded. In no way can this be so suc- cessfully accomplished as through - the PIANOLA. This wonder- ful instrument is the music teacher's most effective ally and | Children? To alittle child just learning to The preference of the musical world, of the educational world and of the great m. standing not shared even in slight degree by any other Piano-Player. 1t is most important, therefore, that you understand that there is but one Pianola, made only by the Aeolian com- pany, and that no other Piano-Player approaches the Pianola Arrangements may be made for personal individual demonstra- tions of the Pianola at our salesrooms at any day and at any hour. Simply call, or phone in advance if possible, and the time that you request will be reserved solely for you. Displayed at our salesrooms are to be seen at this time four entire carloads of WEBER PIANOLAS, STUYVE- SANT PIANOLAS, WHEELOCK PIANOLAS, STECK PIANOLAS, representing the entire Pianola line, for which in the state of Nebraska. If you cannot call because of residing outside of the city, fill out and mail to us now coupon attached and complete Pianola catalogues, together with all information and prices will be immediatel friend. —_— With the aid of the PIANOLA rolls, any- | one can play the most difficult music—not | merely with correct technique, but with ar- | tistic feeling and expression. jority of the music-loving public have given the Pianola a efficiency, or has a right to trade upon its name and With its exclusive improvements the Metrostyle and the Themodist, just enough guidance and . The call the Pian- Full dllowance dispatched to you. FILL OUT COUPON and Mail to Us Today Wbl | Schmoller & Mueller Piano Co., Omahs, Neb. Gentlemen:— I am interested in know more about it the Planola and would You may send catalogues, ke to quote prices and furnish all information, with the understand- ing that 1 am not obligating myself to purchase. 1 plano or have following named organ which 1 might trade In Name [ | | the | | Address B BRIEF CITY NEWS night by someone calling his name seve:al | times. Upon arising, he found a colorsd man was summoning him to assist In put- Root Primg It ting out a fire In the Katz-Cralz birn at B. ¥. Bwoboda—Oertified Accountant. |Thirty-fourth and Pinkney sireets. The Rinebart, Photographer, 15th & Farnam. | 70 sccured buckets of water and 001 had Lightiug Fixtures, Burgess Granden Co. [ the flames extinguished Heyn, photo, removed to 16th & Howard | — J. A. Gentleman Co., Undertakers, New Duck Hauntor Frosen te Degth, location 1614 Chicago St. Both phones. COLFAX, la., Nov. 20.—(Special)—Sam Equitable Life—Policies sight drafts .wlh-nkhum‘ a coal miner, % years old, was maturity. H. D. Neely, manager, Omaha, | f0und dead on the Newtop & Northwestern | Coal il Goal Company — Large Nut, |'8//Foad. one and a half miles north of thiy % per ton. Good cooking cosl. el . gp |Place, at 7 o'clock this morning. He went out duck shooting the afterncon previous and it is supposed got so chilled from the bleak winds and that he was over- come. His rubber boots were half full of water and frozen to his feet when found Lindsay Puts Out Fire—James C.|There vas nothing to indicate foul play | Lindsay, residing near@@fhirty-fourth and | His gun was lying by his side. A coroner's !Pinkny streets. was “awakened Friday |inquest was heid this afternoon. Your weekly or mouthly savings paid on shares of Nebraske Savings and Loan assoctation will earn 6 per cent per annum % Board of Trade bullding. wet