davidaulloa/AmericanStories huggingface dataset:
Omaha daily bee., 1910-01-14
JOSLYN WINS CASTLE SUIT
District Court Finds Against Clinton
Joy Sutphen.
CASE WAS NOT BEGUN IN TIME
Millionaire Not Guilty of Any Fraud,
Says COurt-sutphen, VIII APP
peal and Bring Another
Suit.

George A. Joslyn is victor in the suit
in district court brought by Clinton JOY
Sutphen for possession of the five-acre
tract on which the Joslyn castle stands.
The opinion of the court, which consisted
of Judges Troup, Sears and Estelle, was
read by Judge Troup, who set forth the
following findings:
There was no actual fraud in the
procuring of the lawsuit of 1898.
There was not constructive fraud.
Judge Ferguson erred in holding
that the rule in Shelley's case holds
in Nebraska and consequently erred
in holding that the fee to the prop
erty lay in Dewitt Charles Sutphen
and Charles D.. Sutphen and not in
the minor heirs.
Despite the fact that the fee did
lie in the minor heirs. the decree Of
1893 in favor Of Joslyn cannot be
vacated and set aside because Clin-
ton Joy Sutphen has not begun his
case within one year of the time he
reached his majority, as the statue
says must be done,
Wins ON His Last Point.
1t is therefore on this last point alone
that Joslyn wins at the present time, for
with the law as the three judges hold 1t
to be, Charles ID. Sutphen could not legally
give title to JOslyn, because the title was
vested In Charles D.. Sutphen's heirs.
Had Clinton Joy Sutphen begun this
present suit four years ago he would have
won. 1t is this part of the decision in
which the losing side Is taking most COM
fort. for there is the opportunity yet to
bring an Identical suit in favor of the
third child Of Charles d. %Sutphen, Earl
sutphen. Earl Sutphen is now II years OF
age and from all appearances will have an
excellent nance to win. 1t is the expressed
Intention Of the counsel for Clinton JOY
Sutphen to start such a suit. Meanwhile
they Will appeal to the supreme court.
JOsIyn Pleased.
In the court room at the time Of reading
the decision was the defendant. Mr.,
Joslyn listened apparently unmoved to the
whole decision even to the paragraphs
which e%xculpated him, Henry d.. Esta-
brook and ID. v. Sholes from actual OF
constructive fraud. But after the court
rose. Jaslyn said:
Il am greatly pleased that the courI
holds unanimously that there was no FRAUD
practiced. l don't suppose so far as thu
rest OF It Is concerned hat this really
ends the litigation" John c.. Gown anC
j. j. sullivan of defendants COUNSEL wer'
present as was Edison Rich for the plain
tiff, Clinton JOY Sutphen was not at hand
neither was W. o. gilbert, chief counse
for plaintiff. Mr.. Gilbert has been in tn
east for some time.
Omaha daily bee., 1910-01-14

Construction company and then to the New
State Telephone company in a petition for
equitable relief filed in district court. Mar
maduke Hillias and Leonard T. Allen are
the petitioners and Charles @. Cockerill,
Charles II. Smith and M. NJ. Head the
principal defendants.
The petitioners sehatge that the Long
Distance Telephone company has been
wrecked and It's property ~dissipated'; that
It has become hopelessly and utterly insol-
vent-without business, without funds; un-
able to pay its taxes; that its charter has
become void and that the governor Of the
state will soon. proclaim its charter void.
The suit for a receiver is brought against
the three mer famed, the Central Con
struction company and the New state Tele-
phone company. Charles H., smith lives in
Sioux City and NJ "A. Head and g. G.
Cockeril In jefferson Ma,
Damages TO the stockholders in the sum
of 100000 Sars asserted through the
transfer Of the contract rights by Messrs.
Cockerill. Smith and Head. These three
men are the officers and directors of the
Long Distance Telephone company. They
are also In control of the Central Con-
struction company and Of the New State
Telephone company. In consideration of
the transfer OF the contracts with q mar
dozen other independent telephone com
panies, the three, says the petition, can
celled a contract with the Long Distance
Independent Telephone company held with
the Central Construction company to build,
equip and operate more toll lines.
The indebtedness OF the Long Distance
Telephone company to the Central Cen
struction company was $12, 1876. This was
cancelled In return for franchises with the
various outside independent companies by
virtue of which a long distance business
was conducted, and also in return for cam
collation. OF the contracts to build and
equip more lines, which,, IL they had been
built, would have been worth 81, 900. 900, says
the petition.
The, New State Telephone company was
given the outside phone company contract
privileges by thefCentFai Construction COM
pany as sooh as the transfer OF rights and
privileges OF the Long Distance Indepen-
dent Telephone company had been passed
over to the Central Construction ompany
These outside companies Included: West
ern Telephone company of Lincoln, Blair
Telephone company of Blair, Fremont
Telephone company, Columbus Telephone
ompany of Columbus, New State Tele-
phone company of Sioux City, Douglas
County Telephone company of Valley.
Omaha daily bee., 1910-01-14
Leather Trust Puts
Shoe Prices Up
Controls Output and Thereby Mar
ket, Says One of the Local
Dealers.

The advance in the wholesale price Of
shoes as heralded in the press dispatches
from the east is not expected to strike
the retail trade in Omaha before fall.
Local shoe men insist that the whole
saler or even the manufacturer has no
power to prevent this advance; the leather
trust is the demon.
The leather trust Ssaid q practical shoe
man, working in harmony with the shoe
machinery trust, is controlling the raw
material market and that is the cause OF
this advance. The manufacturer. the
Wholesaler or the retailer Is just as help
less, so far as these allied trusts are con-
cerned, as the individual.
The leather trust, by controlling the out
put Is controlling the retail price OF shoes
and that is the whole thing. ~
Omaha daily bee., 1910-01-14
DOG PRISONER FOR TWO
WEEKS GETS HIS LIBERTY
m officer Goes to Relief of
Forgotten Pet Locked UP
in DWELLING.

After two weeks of hungry Imprisonment
in the house of his master. who had gone
visiting, Bruno. the family pet at Sl25
Burdette street, has gained his liberty and
left town.
Harry Woodbridge, humane officer, re-
leased the dog after its nightly bowls had
aroused the neighbofhood.
When the door opened Bruno started
south and will probably be gone for the
winter.
Omaha daily bee., 1910-01-14
PROCEEDINGS
CONGRESS
House Passes FOrtfficRtiOns Bill and
Senate Debates spnuIdinE Claims.

House HaHSeB HOEtihACutAOhB DIAA UhO
senate Debates %spauIdinE Claims.
WASHINGTON. Jan, 13.-The house to-
day passed the fortiflcation appropriation
bill, carrying S5,617, 200. Almost half the
amount is to be spent for Qualifications in
the Philippines and Hawaii.
wherever a subsidy exists it is wrong
commended Representative Borland (Mo) in
the house today I'm discussing the ship
subsidy bill during debate on the forti-
fications appropriation bilI, consideration
of which was begun. He characterized the
subsidy bill as 'sugar-coated" and urged
that when 1--WE tear away the mask OF
jlngoism from the ocean mail bill It leaves
1t a public measure TO make private bust
ness profitable"
The entire session of the senate today
was devoted to. a, discussion Of resolutions
providing for the auditing of the so-called
Spaulding claims, involving allowances al
legged TO be due postmasters who served be-
tween 1864 and 1875. The indications are
that the resolutions will be defeated.
Omaha daily bee., 1910-01-14
announcement

The Storz Brewing ompany announces to
Its thousands of friends and former private
family customers that storz bottled beer
can be obtained by the case from Charles
storz, retail dealer, 1s2s-25 Sherman avenue.
next door north of Storz brewery Cphones
Webster 1850, Ind. B 126D who guarantees
same prices, same courteous treatment and
same prompt delivery that you formerly
received from us.
Omaha daily bee., 1910-01-14
stopa Presa to Co Married.

DUNCoMBE. Ia, Jan. 1S.-(speeial)-
suppTessins the publication of his news
paper for one week, that he might have
time to get married, J, NJ. Boknenkamp has
pulled Off an unusual stunt In this little
town. In the weekly issue OF the Duncombe
Tribune that appeared late last night Il
was announced that Boknenkamp had left
for the west to get married, and as he had
been unable 20 find a suitable man to run
the paper during his absence. it would not
appear next week.
Omaha daily bee., 1910-01-14
NOW TALKING. OF BOILING
WATER AT PUBLIC SCHOOLS
Drs. COnnelI and Davidson Discuss IL,
Admitting Problem IN a Lit
tie Difficult.

Health Commissioners Council and Super
intendent Davidson OF the Omaha schools
have had a consultation on the need Of
boiling the water which children drink
during the sessions OF school. At present
all drinking water for the schools is taken
directly from the MIGRANTS.
The health commissioner believes the
water should be boiled as a precautionary
measure, but just how this can be done
at, the schools Is a puzzling proposition.
And II a way is found to boil the water at
the public schools, then it Will be up to
other public or quasi-public Institutions
to get busy along the same line. -
There is not an epidemic Of typhoid
fever in Omaha at this time,' says the
health commissioner, land II is hardly
likely there will be, but every ~precaution
dictated by good sense should be taken to
guard against such a possibility. For
many miles above Omaha and Florence
the river is solidly frozen. This Is an ex-
traordinary condition. as everybody knows
in recent years, at least. with the water
low and the river frozen we must take
steps to beat out any chance that exists
of a spread of typhoid. What cases there
are may or may not come from the waterI'
Omaha daily bee., 1910-01-14
FIRE RECORD


Boston y. M. G. A.. Building.
BOSTON, Jan. l8-The Boston Young
Mems Christian association building at the
corner Of Boylston and Berkeley streets in
the Back Bay district was destroyed by
fire early today. The loss win exceed $780,
600, A fireman vas injured. not seriously,
by falling from a ladder, The origin of
the fire is not known definitely. but the
blaze is believed to have started ia the
gymnasium.
Omaha daily bee., 1910-01-14
Southern Pacific
Men to Chicago
Officials Called to Conference Be-
heved to Bear Relation to Disso-
luton Of Merger.

Several officials OF the Union Pacific and
southern Pacific railroads have been called
into conference in Chicago. C. b. Seger
Of Omaha, the new general auditor OF the
Hartman lines, represents the local Of
fices, c. S. Fee, passenger traffic man
ager; James Horsburgh. general passenger
agent. and r. S. Howard chief rate clerk
of the southern Pacific, all Of a Fran
cisco. passed through Omaha Thursday
enroute TO Chicago. iss,
The Impression exists that this confer
ence bears some relation TO the coming
dissolution of the Union Pacific-southern
Pacific merger.
Omaha daily bee., 1910-01-14

PICKING, Jan, 13--The story, which
originated in Shanghai yesterday and found
its way into a portion of the American
press, to the effect that China had I'D
vised Russia and Japan It would not agree
to Secretary Knox's proposal for the neu-
tralization of the railways Of Manchuria,
Is declared here TO be absolutely without
basis. China has not as yet made public
her attitude.
Omaha daily bee., 1910-01-14
JAPAN AND RUSSIA COMBINE
Relieved Former Enemie Have
Agreement Regarding Man
ehuriRn Railway.

TOXIC, Jan. ls.-There is reason 10 be-
lieve that Japan and Russia have reached
a complete agreement on the subject of
the naturalization OF the Manchurian rail-
way proposed by the United States.
The newspapers here generally admit the
benevolent intentions OF Secretary Knox.
but there is no evidence OF a lessening of
the opposition TO his plan on the grounds
Of sentiment and impraetleabillty.
Omaha daily bee., 1910-01-14
wLAMPHERE TELLS OF CRIMES
tcontInued frOm FIrst PACE

Continued from First Page.)
cousins. The first man to be killed was
from Minnesota. lie never swoke from his
sleep In the Guinness house. In the dark
ness Lamphere was ordered by Mis-. Gum
ness to dump a gunny sack and its con-
tents in a hole that had been made by an
other farm hand for rubbish.
Mrs. Guinness never told him what be-
came of the man, but Lamphere received
money from Mrs, Gunness. within a
month another man arrived. He wanted TO
know his rights before paying off the mort
gage on the Guinness farm and Mrs. Gun
ness took him to st, Joseph, Mich, Lam
phere thought, where they we're married.
A few nights after they came back there
was another burying. Lamphere received
money once more from Mrs. Guinness and
he said he became the trusted ally Of Mrs.
Guinness.
Then Andrew Helgelein came from South
Dakota with a check for $2,s93.2O. This
was cashed and Helgelein was given to
understand he was nothing more than a
farm hand. Lamphere was sent on an
errand 10 Michigan City to remain all
night. lie returned to the unness home
and through a hole In the floor heard
Helgelein groan In distress. lie was beg
sing Mrs. unness to send for a doctor,
Saw, Fatal blow Given.
1t was chloral she had given him. ac'
cording to Lamphere. He said Helgeleir
fell to the floor and LaInphere said he saw
Mrs. Guhness strike the prostitute form
and end the mans life.
~Lamphere, the following night, buried
this body with Mrs. Guinness assistance
shortly after Mrs. Guinness and Lnmphers
quarreled over money and he was ordered
off the farm. She put her money in the
bank the afternoon before Lamphere
seeking money. chloroformed all In tn,
house, robbed and set fire 20 the place.
Lamphere said he was drunk the nigh.
he visited the place. He thought he woulC
find 1850. Z
Lamphere said the chloroform he use,
ives a part Of the quantities he bought 10.
Mrs. Guinness.
Negro 'sPuE'' Kills Another.
Omaha daily bee., 1910-01-14
widow Of suicide sues -saIoonist.

FORT DODGE, Ia, Ian. 1s.-(Special.)c
Mrs. Alberta Sheerer. wife Of the late sui
eide, DR.. j. c. Sheerer of Lehigh, instituted
suit in the district court here today against
the Title Guaranty and Surety company Of
Scranton, Pa, and Daniel Shea for recovery
In the amount of Slo,OOO for actual damages
and 5000 for the death Of her husband,
alleging that Shea, the saloonkeeper, and
the company that bonded shea are respon-
sible for the state of mind In which her
husband took his own life. She alleges that
Daniel Shea knew that he had taken a
drink cure and was striving TO quit his
habit and that he, nevertheless, gave and
sold him Intoxicating liquors.
Omaha daily bee., 1910-01-14
County Auditor a. STRICKEN.

WEBSTER CITY, la, Jan. la-(Special
relegram.SCounty Auditor J. A. Slower
OF this city was stricken suddenly with a
stroke Of apoplexy at his home last night.
Attending physicians announced that he
cannot live lons. He had been M with
stomach trouble for a month. but was in
his office Tuesday.
Omaha daily bee., 1910-01-14
n puhonfc Plague

destroys fewer lives than stomach, liver
and kidney diseases. - for which Electric
Rltters is the guaranteed remedy. SOC. For
sale by Beaton Drug Co.
Omaha daily bee., 1910-01-14
Fort Dodge Division POintt

FORT DODGE, Ia, Jan. 1S.-(special,)-It
seems assured, as nearly as it can be with
out official announcement, that Fort Dodge
is to regain the division point of the Great
Western, which was moved to Clarion by
Stickney. Fifty families at Clarion alone
are preparing to move back to this city this
spring or summer, just as son as round
house Accommodations can be made here.
1t Is the natural arrangement for Fort
Dodge to be the division point, as it is
almost exactly half way between Council
Bluffs, or Omaha and Oelweln. The long
division between Chicago and Dubuque. It.
is understood, viii be reduced by making
S%tockdale. Ill, the division point.
1t is said that the blueprints for these
changes are out Of the engineering depart
ment now and that the general offices have
them under consideration, and nave secured
options on the desired land for %roundhouse
facilities in this city
Omaha daily bee., 1910-01-14

with marks on her throat, indicating that
she had been strangled. The little Comp
ton girl had not been awakened by the
struggle.
Omaha daily bee., 1910-01-14

PneunaOniR.t FOllaws n Cold,
but never f&aows' ahs use of Foley's Honey
and. Tar. which stops the cough. heals the
lungs and expels she cold from your system.
Omaha daily bee., 1910-01-14

A reliable medicine for Group and one
that should always be kept at hand for Inn
mediate use is Chamberlain's Cough REM
edy.
Omaha daily bee., 1910-01-14

PILES CURED IN r TO IA DAYS.
Pazo. ointmeht is guaranteed to cure any
case OF Itching, Blind, Bleeding or Pro-
truding Piles in 8 to Il days or money re-
funded. soc.
Omaha daily bee., 1910-01-14
FIGHT ON FEDERAL LICENSE
CONTINUED from First Pase.)

4salnst the. embarkatlon Of any such cor
porations In the business OF d~iscounting
bills, receiving deposits and Issuing notes.
There will be no compulsory provision In
the bill, 1t is said. The corporations will
not be required to take out a national
charter II they see fit to do business under
the state laws instead.
All charters will be subject to the APP
prevail Of the commissioner of corporations.
In case e national corporation shall desire
to acquire the property Of state corpora
tions 1t will be required that 1t shall hold
not less than a majority OF the capital
stock Of such corporations.
Any corporation that has more than one
kind Of stock will be authorized to confer
the right to choose the directors OF any
class to the exclusion Of others Corpora
lions will be authorized to create two or
more kinds OF stock, the preferences and
designations Of which are to be clearly
stated in the articles of association, but at
no time shall the preferred stock exceed
two-thirds Of the capital stock paid for
In cash or property.
structure on stock Issue.
No preferred stock, by the terms can be
issued except as specified in the original
AIlAClC6 VI saw WIN NhC 1OAA
sent of the holders of two-thirds OF each
class of outstanding stock. Stock books
are to be open to inspection of all stock
holders, Judgment creditors and law Of
ficers.
An important provision will be one re-
curing every subscriber to pay to the
treasurer OF a corporation 10 per cent Of
! the amount of his bonds la cash and
directors will be authorized to assess stock
not exceeding the whole par value thereof;
or II the stock is not par value, down to
tho amount agreed to be paid for 1t.
Failure to pay these assessments will sub
ject the stock to sale at public auction.
"A corporation will be permitted to pur-
chase property necessary for Its business
and issue stock for the same with the APP
prevail OF the bureau Of corporations.
Ample provision will be made for exhaus-
tive reports to be given by every national
corporation; special reports may be called
for at any time and finally severe penalty
provisions will be included to insure the
proper working OF the act, but there are in
the nature Of fines to be Imposed upon
the officials, There will be provision for
the forfeiture of the charter. II is said.
Foley's Kidney Kemed: wlII cure any
case OF kidney or bladder trouble that Is
not beyond the reach OF medicine. 1t In.
vigorates the entire system and strengthens
the kidneys so they eliminate the impuri-
Omaha daily bee., 1910-01-14

storz bottled beer delivered promptly to
your residence at same prices as form
erly. Charles Storz, retail dealer, 1s23-25
Sherman avenue. next door north of Storz
brewery Phones Webster 1850, Ind. B-I26I
Omaha daily bee., 1910-01-14

was stabbed by Ralph Jones, another
negro about a week g died today.
Omaha daily bee., 1910-01-14

The successful medicines are those that
aid nature, chamberiain's Cough Remedy
acts on this plan
Omaha daily bee., 1910-01-14

Negro Pug Kills Another.
DULUTH, MINI. Jan. la-Walter White
head, a negro pngilist OF this city, whO
Omaha daily bee., 1910-01-14

Remarkable cures have peen made by
Chamberla,n's Cough Remedy.
Omaha daily bee., 1910-01-14

Foley's Kidney Remed% wlIt cure any
case of kidney or bladder trouble that is
not beyond the reach OF medicine. 1t In
vigorates the entire system and strengthens
the kidneys so they eliminate the impuri-
ties from the blood. Backache, rheuma-
tism, kidney and bladder troubles are all
cured by this great medicine. Sold by all
druggists.
The weekly Iberian. (New Iberia, La.) 1894-1946, 1910-04-16
ARR|CO---ORAC0.

On Wednesday evening, April 18th,
at Ut. Peters Catholic Church in this
city, at 6 O'Clock, Miss Salvatrice, the
charming daughter of Mr.. and Mrs.
Simon Drago. was given in marriage to
Mr.. Michael Arrigo. The charming
young bride is possessed of many
graces Of mind and person, who is cap
able Of filling the home she will adorn
with happiness. She will truly be a
helpmate and companion to the hub
band she has chosen to honor with hAr
hand. The groom is one Of foremost
young business men, who has made
host of friends for himself during his
residence IN this city. He is possess
ed of frank and cordial manner, ard
an indomitable energy. After the GER
emonv at the church the bridal parry
repaired to the home Of the bride, 40l
Iberia street. where d reception was
held and where congratulations ard
good wishes flowed with merry lest.
cheerful conversation and good old
wine.
The weekly Iberian. (New Iberia, La.) 1894-1946, 1910-04-16
NIEYS ORINOLAxX1IyE
FoR SyeHAeM rRovslG and CoNsupATsoa
WHAT DID
THAT %" MEAN?

The editor was at home, idly
scribbling while he waited anxious
" for news from above. TIL. consis.
crate nurse broke it gently. "Ydu
have son, sir" sue said, and dis.
appeared .'Ah!' said the new
father with a proud smile, and he
Immediately began to scribhe
away making exclamation points.
In moment the nurse appeared
again: "rhsre's another, sir; q
GIRL" "Ah" the editor said.
thoughtfully, and began making
question marks. Again the nurse:
"There are three, sir; the third is
q girl, also" That time the editor
simply made one big lower case
I'd" and grabbing bis hat rushed
mt OF the house. Now did that
I'd" mean "deligh:ed,' "durn it.
nr "deletef'- Exchange.
The weekly Iberian. (New Iberia, La.) 1894-1946, 1910-04-16
NECROLOCIE.

lundr deraisr lie II c4uranf MI.
Euniee ftteu', \, tGe = CON lie Il
cll@ hi NJ u !a... II la,ou zen
d. = h-tc gnss lieu IS Hot /
bieu j ii Nougcile Orleans. s.es f
neraitlvs, prG-idtes pa. ie we've Psre
Girault, son pasleur, aceompagne It..
neut de scs confreres voisine, eureu,
lieu Paioutyilc mardi, ct { aient nne
preuve touchantc de Ia haute estime
don't ellie iouissait.
La mort est toniours bien triste,
mas ellie semble petre doublement
lorsqne l'ohlet ch6ri que nous perdons
est It la fieur de la jeuuesse, lorsque
tous les attributs requis pour lie bon
heur d'ici-bas sembent en- assurer la
Ijouissanee. MATS tel est lrrGvocable
arret, ct Jeune CONNIE yieux, nous de
vons tous arriver cette tombe.
Heureux encore ceux ct celles, com
me fange que nous pleurons, qui peu-
vent MOURN entourGs de tous ceux
qu'ils cherissent, ct recevoir toutes les
consultations qu'une vie pure ct sainte
ne pent manquer d'avoir.
Mile Patout etait 1'idole du FOYER
on ellie regnait en- souvoraine, ct lie
vide que sa mort occasionn6 ne sc
comblera jamais. Ellie est morte en-
toutee de tous ceux qu'elIe chGrlssait.
ct recut tous les SONS ct les attentions
que la soilicitude paternelle ct mater
1Aelle, ainsi que la science ct la fortune
pouvaient lui prodiguer.
Ellie est morte en- parfaite chretienne.
seconrue ct fortifiee par lie baume SALT
taire des derniers sacrements de notre
Sainte Mere PEglise, don't ellie etait
une file devouee
a ses bons amis nous offrons nos
plus tendres sympathies, en- leur ASST
rant,
'Qu'elle deja recu DIES mains de l'E-
ternel.
Sur son front rayonnant la celeste cot
rome;
Qu'elle sut m6riter au pied de Pantel.
La Sublime fontaine on la yertu raw
onne.n
UN AMI.